Allowed

Farida Anand v. Jehanzeb Peter Chinoy Alias Jehanzeb Abdul Kayum Chinoy (Deceased)

Bombay HC26 Apr 2024TP/1957/2024

Case brief

AI extract

What is this about?

Probate petition for the Will of the deceased executed at Mumbai, with the other executrix renouncing and heirs consenting. Attesting witness affidavits and citation service were on record; formalities complied with and probate granted subject to caveat check.

What did the court decide?

Probate ordered to be issued as prayed, after verifying no cross petition or caveat.

Farida Anand vs Jehanzeb Peter Chinoy Alias… — Succession and Inheritance | Bombay HC (2024)

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ary

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Before: Shri S. S. Agate

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

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Date : 14^th October, 2024.

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CALLED FOR COMPLIANCE :

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TP/1957/2024 with WILL/909/2024

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) Ms. Pallavi Kaamath a/w Yashvi Sanghvi i/b ) Benny Joseph – BJ Law Offices LLP, Advocate for ) the Petitioner. )

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)

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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 Farida Anand, being one of ) the Executrix named under the Will of the ) deceased. Deceased Jehanzeb Abdulkayum ) Chinoy, wife of Late Mr. Abdul Kayum alias ) ) Peter Abdulali Chinoy, said to have died at ) Mumbai on 14.07.2022. Copy of death ) certificate is annexed to the Petition. For ) identification proof of the deceased, copy of ) Pan Card and Aadhar Card are annexed to the ) ) Petition. )

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) 2. Ms. Kaamath, Advocate for the Petitioner ) submits that deceased left behind her last Will ) ) and Testament which was duly executed at ) Mumbai, on 07.08.2018. The said Will is in ) English language. ) ) 3. Ms. Kaamath, Advocate for the Petitioner ) ) submits that deceased was governed under the ) Indian Succession Act 1925. It is submitted ) that the parents, husband, mother-in-law and ) father-in-law of the deceased have ) predeceased the deceased. Save and except as ) ) mentioned in para – 13, there are no other ) legal heirs and next of kin left by the deceased. ) Pursuant to the order dated 30.09.2024, the ) Petitioner is present and signed the Petition ) and Executor’s oath before the undersigned.

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14.10.2024

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

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Petitioner’s Oath is filed. The other Executrix, Sabina Ansari has filed her Affidavit dated 26.03.2024 renouncing her right as Executrix. Consent Affidavits of two daughters and one grand son of the deceased as mentioned in para – 13 are on record. Affidavits of Ayaz M. Jaliwala and Tehseen Abdulkadar Mukadam, both the attesting witness 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 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

Farida Anand v. Jehanzeb Peter Chinoy Alias Jehanzeb Abdul Kayum Chinoy (Deceased)

Case brief

What is this about?

What did the court decide?

Farida Anand v. Jehanzeb Peter Chinoy Alias Jehanzeb Abdul Kayum Chinoy (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

Case details

All orders in this case

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