Allowed

Bharat Durlabhj I Jani v. Pravinkumar Durlbhjibhai Jani Alias Prvinkumar Durlabhjibhai Jani (Deceased)

Bombay HC23 Apr 2024TP/1590/2024

Case brief

AI extract

What is this about?

Executors sought probate of a Gujarati-language will of a deceased who died in Mumbai, governed by the Hindu Succession Act 1956. With oath filed, attesting witnesses' affidavits, consent affidavits of heirs and citation service on record, the court found all formalities complied with and granted the petition.

What did the court decide?

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

Bharat Durlabhj I Jani vs Pravinkumar Durlbhjibhai… — Succession and Inheritance | Bombay HC (2024)

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ary

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

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Date : 25^th October, 2024.

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CALLED FOR COMPLIANCE :

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TP/1590/2024 [Original] (ECHCBM02202402023) with WILL/599/2024

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) Mr. Suyash Kalbhor with B. G. Saraf and Dimple ) Kantilal Vichhivora, Advocate for Petitioners. )

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) P.C.: 1. Perused Petition which is filed online. Heard ) Ld. Advocate for Petitioners. This Petition is ) for Probate of Last Will and Testament of the ) deceased filed by Petitioners Bharat Durlabhji ) ) Jani and Sonal Bharat Jani, being the ) Executors named under the Will of the ) deceased. Deceased Pravinkumar Durlbhjibhai ) Jani alias Prvinkumar Durlabhjibhai Jani, said ) ) to have died at Mumbai on 15.05.2023. Copy ) of death certificate is annexed to the Petition. ) For identification proof of the deceased, copy ) of Aadhar Card is annexed to the Petition.

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Mr. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 10.02.2022. The said Will is in Gujarati language. The Ld. Advocate for the Petitioner has filed his Affidavit dated 21.10.2024 regarding translation of the Will.

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Mr. Kalbhor, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased pre-deceased the Deceased. Except two married daughters deceased don’t have any son. Save and except as mentioned in para – 9, there are no other legal heirs and next of kin left by the deceased.

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25.10.2024

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

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Petitioner’s Oath is filed. The remaining Executor, Vijaykumar P. Joshi has filed his Affidavit dated 16.10.2023 reserving his right as Executor. Consent Affidavits of widow and two married daughters of the deceased as mentioned in para – 9 are on record. Affidavits of Dr. Dinesh V. Pandya and Hitesh Bhuta, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

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

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

Bharat Durlabhj I Jani v. Pravinkumar Durlbhjibhai Jani Alias Prvinkumar Durlabhjibhai Jani (Deceased)

Case brief

What is this about?

What did the court decide?

Bharat Durlabhj I Jani v. Pravinkumar Durlbhjibhai Jani Alias Prvinkumar Durlabhjibhai Jani (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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