Disposed

Vilesh Jayram Sankhe v. Devram Chimanya Patil Alias Devram C. Patil Alias D C Patil Alias Devrao Chimanya Patil Alias Deora

Bombay HC24 Apr 2024TP/1658/2024

Case brief

AI extract

What is this about?

Probate petition for the registered last will of a deceased Mumbai testator, filed by one of the named executors. Consent affidavits of the widow and four children and an attesting witness affidavit were on record; formalities complied with, petition granted and probate ordered issued.

What did the court decide?

Petition granted; Office to issue Probate after verifying no cross petition or caveat.

Vilesh Jayram Sankhe vs Devram Chimanya Patil… — Succession and Inheritance | Bombay HC (2024)

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sah

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

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Date : 24^th July, 2024

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CALLED FOR DIRECTION:

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78. TP/1658/2024 (ECHCBM02020092024) with WILL/621/2024

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) Mr. S. U. Lakdawala, Adv. i/b. Mulla and Mulla ) Associates for the Petitioner.

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P. C. : 1. Perused Petition which is filed online. Heard ) Ld. Advocate for the Petitioner. This Petition is ) for Probate of Last Will and Testament of the ) deceased filed by the Petitioner Vilesh Jayram ) Sankhe, being one of the Executors named under ) the Will of the deceased. Deceased Deceased ) Devram Chimanya Patil alias Devram C. Patil ) alias D.C. Patil alias Devrao Chimanya Patil alias ) Deoram Chimanya Patil, said to have died at ) Mumbai on 7.01.2024. Copy of Death Certificate ) is annexed to the Petition. Copy of Aadhaar Card ) of the deceased as ID Proof are annexed to the ) petition.

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Mr. S.U.Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 26.04.2022. The said will is in English language.

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Mr. S.U.Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that The said Deceased died leaving behind his Widow, 2 Sons and 2 Daughters. The mother of the Deceased Mrs. Shanti Chimanya Patil expired on 22-5-2007 at her native place she pre-deceased the Deceased. The said Deceased left no other heir. Save and except as mentioned in para –8, there are no other legal heirs and next of kin left by the deceased.

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) 4. Petitioner's Oath is filed. Other executor Mr. ) Shashikant Damodar Sankhe has reserved his ) right and filed affidavit dated 12.01.2024. Consent ) affidavits of Widow, two sons and two married ) daughter as mentioned in para 8 are on record. ) Affidavit of Y.M.Shaikh, one of the attesting ) witness to the Will is filed. Affidavit of service of ) General Citation is filed. All affidavits are filed ) online. All other legal formalities are complied ) with. Hence, Petition is granted. ) ) 5. 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

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24.07.2024

Vilesh Jayram Sankhe v. Devram Chimanya Patil Alias Devram C. Patil Alias D C Patil Alias Devrao Chimanya Patil Alias Deora

Case brief

What is this about?

What did the court decide?

Vilesh Jayram Sankhe v. Devram Chimanya Patil Alias Devram C. Patil Alias D C Patil Alias Devrao Chimanya Patil Alias Deora

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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