Allowed

Pawan Kumar Nagpal v. Sushila Nagpal (Deceased)

Bombay HC10 Jan 2024TP/150/2024

Case brief

AI extract

What is this about?

Probate petition for the last Will of a deceased woman, filed by her named Executor. Counsel confirmed execution and registration of the Hindi-language Will, legal heirs' consent affidavits, attesting witnesses' affidavits and compliance with formalities. The Addl. Registrar (O.S.) granted the petition and directed issuance of probate after checking for caveats.

What did the court decide?

Probate granted; office to issue probate after checking for caveats or cross-petitions.

Pawan Kumar Nagpal vs Sushila Nagpal (Deceased) — Succession and Inheritance | Bombay HC (2024)

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Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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Date : 26^th June, 2024

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CALLED FOR DIRECTION:

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23. TP/150/2024 with WILL/47/2024

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) Mrs. Meena A Ruparel, Adv. for the Petitioner. )

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P. C. : 1. Perused Petition. Heard Ld. Advocate for ) the Petitioner. This Petition is for Probate of ) Last Will and Testament of the deceased filed by ) the Petitioner Pawan Kumar Nagpal son of ) Chandiram Nagpal being the Executor by tenor ) named under the Will of the deceased. Deceased ) Sushila Nagpal wife of Chandiram Nagpal, said ) to have died at Dehradun ( Uttarakhand) on ) 01.06.2022. Copy of Death Certificate is ) annexed to the Petition. Copy of Pan Card of ) the deceased as ID Proof is annexed to the ) petition.

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Mrs. Meena A Puparel, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Muzaffar Nagar (U.P.) on 03.03.2017 . The said Will is in Hindi language. The Ld. Advocate for the Petitioner has filed Affidavit dated 24.06.2024 regarding translation of Will in English Language and stated that she is Well versed with both the languages i.e. Hindi and English and the translation is absolutely true and correct.

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Mrs. Meena A Puparel, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the husband of the deceased predeceased the deceased. Save and except as

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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mentioned in para –10, there are no other legal heirs and next of kin left by the deceased.

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Petitioner's Oath is filed. Consent Affidavits of four married daughters of the deceased as mentioned in Para 10 of the petition are on record. Affidavits of Ramesh Kumar Gondharam and Ashwini Rajendra Kapur, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

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Office to issue Probate expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

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26.06.2024

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Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

Pawan Kumar Nagpal v. Sushila Nagpal (Deceased)

Case brief

What is this about?

What did the court decide?

Pawan Kumar Nagpal v. Sushila Nagpal (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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