Allowed

Anand Bharat Shah v. Parimal Dhirajlal Shah (Deceased)

Bombay HC8 Feb 2024TP/251/2024

Case brief

AI extract

What is this about?

Beneficiary of a deceased bachelor testator's Will sought Letters of Administration with Will annexed. Attesting witness affidavit proved execution; consent affidavits of co-heirs and citations were on record. Petition granted with directions to issue Letters of Administration under the Indian Succession Act, 1925 after verifying no caveat or cross petition.

What did the court decide?

Letters of Administration with Will annexed to be issued to petitioner upon proper execution of administration bond and confirmation of no caveat/cross petition.

Anand Bharat Shah vs Parimal Dhirajlal Shah… — Succession and Inheritance | Bombay HC (2024)

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BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 6^th May, 2024

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CALLED FOR COMPLIANCE :

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1 TP/251/2024 )

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Mr. A. R. Bapat, Advocate for petitioner

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) P.C.: ) ) ) ) ) ) ) ) )

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1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is fled by petitioner, being one of the i benef i ciaries named under the Will executed by Parimal Dhirajlal Shah (herein after the same is referred to as “Testator”), for grant of Letters of Administration with Will annexed. Testator said to have died on 23 rd July, 2017 at Pune. Petitioner f i led the copy of death certif i cate (which is annexed to petition as Exhibit-A), identity proof of the testator (which is annexed to petition as Exhibit-B), Will, petitioner's oath, afdavits of legal heirs of the fi testator.

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2. The petitioner has f i led petition within prescribed limit as per Rule 382 of the Bombay High Court (Original Side) Rule, 1980 (for short “Rules”).

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3. The testator has not appointed executor to execute the Will. The petitioner is one of the benef i ciaries named under the Will. Hence, petition is tenable.

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4. Petitioner stated that the testator left behind his last Will and Testament which was duly executed at Mumbai th

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on 20 January, 2017, in English language. The original Will is handed in separately for being f i led and kept in a safe place in the Ofce of the Prothonotary and Senior fi Master, High Court, Bombay.

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5. Petitioner states that mother of testator namely Baluben D. Shah died on 26 th March, 1996. Testator was survived by legal heirs shown in the paragraph No.10 of the petition, as per the provisions of the Hindu Succession Act, 1956. Testator had died as bachelor. Ld. Advocate for the petitioner submitted that as mentioned in para no. 10 of the petition and as mentioned in para no. 4 of the Will, testator did not leave any other heir or next-of-kin. Testator died leaving behind his brother namely Dr,. Bharat D. Shah. Said brother died on 12 th November, 2020 and his death certif i cate …..2

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CONTD…

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1 TP/251/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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is annexed to the petition as EX-F. Dr. Bharat Shah died leaving behind three sons namely Dr. Sanjay Shah, Dr. Saurabh Shah and Anand Shah - petitioner herein. Consent Afdavits of Sanjay Shah dated 25 fi th April, 2024 and Dr. Saurabh Shah dated 23 rd April, 2024 are on record. They have given their consents in the form of Afdavits, which are f fi i led on the record by the petitioner and consented for the issuance of Letters of Administration with Will annexed in favour of the petitioner without justifying any surety in respect of their shares in the estate of the testator. They have waived the service of Citation. The petitioner afrmed that there are fi no other legal heirs of the testator other than mentioned in para 10 of the petition.

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6. Afdavit of Service of General Citation is f fi i led, stating that citation has been afxed on the Notice Board fi of the Hon’ble High Court, Bombay and notice board of the Collector’s ofce. fi Afdavit of service dated 4 fi th March, 2024. Notice to collector has been sent.

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7. The petitioner has f i led the Afdavit of fi Madhu Dinesh Gandhi dated 3 rd November, 2023, one of Attesting Witness to the Will, in the Form No.102 of the Bombay High Court (Original Side) Rules, 1980. Attesting witness deposed that he was present and testator signed on the Testament papers in presence of this witness and another witness. According to him, all additions and alteration, in a Will, were existed at the time of execution and before signing the Will. Hence, there is sufcient compliance of fi the Rule 383 of the Bombay High Court (Original Side) Rules, 1980 . Ld. Advocate for the petitioner has f i led Additional Afdavit of Madhu Dinesh Gandhi dated 26 fi th April, 2024 and deposed that the testator had executed his last Will and Testament on 20 th January 2017, which was in English language. H e read over and explained the contents of his said last Will and Testament in Gujarati language to the testator and upon understood the contents thereof, he subscribed and put signature on the said last Will and Testament in Gujarati script, as stated in his afdavit dated 3 fi rd November, 2023. Hence, there is sufcient compliance of fi Rule 419 of the Bombay High

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SLG

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CONTD…

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CONTD… Court (Original Side) Rules, 1980. …... 3 ) – 3 – 1 TP/251/2024 ) ) Will is duly notarized before R. A. Alate, Notary Greater ) Mumbai. Attesting witness further deposed that at the ) time of execution of will testator was of sound and ) disposing mind, memory and understanding. Hence, ) enough evidence is on record to accept the execution of ) the Will and petitioner is succeeded to prove the execution ) of Will. ) ) 8. Properties mentioned in the schedule of the petition are referred in the Will. The Ld. Advocate for the ) ) petitioner submitted that properties available to the testator at his time are mentioned in the schedule of the ) ) petition. ) 9. Petitioner has executed the Administration Bond, in ) the prescribed format. Hence, following order: ) ORDER ) ) 1) Petition is granted. ) ) 2) Ofce to issue Letters of Administration with Will fi ) annexed as per the provisions of the Indian Succession ) Act, 1925 to the petitioner and upon satisfaction that the ) administration Bond is properly executed, as per the ) Rules. ) 3) Before issuance of above said Letters of ) Administration with Will, the ofce to verify that there is fi ) no cross Petition is pending or caveat is fled. Of i ce to act fi accordingly.

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06.05.2024

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FIRST ASSISTANT MASTER

Anand Bharat Shah v. Parimal Dhirajlal Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Anand Bharat Shah v. Parimal Dhirajlal Shah (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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