Allowed

Ganesh Umanath Prabhu v. Sulochana Umanath Prabhu (Deceased)

Bombay HC16 Aug 2024TP/2228/2024

Case brief

AI extract

What is this about?

Petition for probate of the Will of Sulochana Umanath Prabhu, who died at Mumbai on 26.10.2002, filed by the sole executor named under the Will. Delay in filing was explained. Consent affidavits of two sons and affidavit of an attesting witness were on record; legal formalities were complied with and probate was granted.

What did the court decide?

Probate granted; Office directed to issue probate as prayed after verifying no cross-petition or caveat is filed.

Ganesh Umanath Prabhu vs Sulochana Umanath Prabhu… — 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 : 25^th October, 2024.

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CALLED FOR COMPLIANCE :

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TP/2228/2024 with WILL/915/2024

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) Ms. Ujwala Bane and Ashutosh Khandeparkar, ) Advocate 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 Ganesh Umanath Prabhu, ) being the Sole Executor named under the Will ) of the deceased. Deceased Sulochana Umanath ) Prabhu said to have died at Mumbai on ) ) 26.10.2002. Copy of death certificate is ) annexed to the Petition. For identification ) proof of the deceased, copy of Passport is ) annexed to the Petition.

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Ms. Bane, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 04.01.1989. The said Will is in English language.

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Ms. Bane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased expired on 04.11.1993. The deceased had three sons and no daughter. Save and except as mentioned in para – 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that reason of delay for filing Petition for Probate is due to Petitioner has travelled outside country in the nature of his duties which was the main

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cause for delay in filing the Petition for Probate. Thus, the delay is explained.

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Petitioner’s Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para – 9 are on record. Affidavits of Shubhangi Ajit Tendulkar, one of the attesting witness to the Will is 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.) /

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Addl. Prothonotary and Senior Master

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25.10.2024

Ganesh Umanath Prabhu v. Sulochana Umanath Prabhu (Deceased)

Case brief

What is this about?

What did the court decide?

Ganesh Umanath Prabhu v. Sulochana Umanath Prabhu (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

All orders in this case

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