Allowed

Shrinivas Pannalal Shivhare v. Pannalal Ramlal Shivhare (Deceased)

Bombay HC18 Jul 2024TP/264/2024

Case brief

AI extract

What is this about?

Probate petition by executors of a Hindi-language Will executed at Mumbai in 2018. Consent affidavits of heirs and an attesting witness's affidavit were on record. The court held legal formalities were complied with and granted the petition.

What did the court decide?

Petition for probate granted; office directed to issue probate as prayed after verifying no cross-petition or caveat is filed.

Shrinivas Pannalal Shivhare vs Pannalal Ramlal… — Succession and Inheritance | Bombay HC (2024)

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ssd

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

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Date : 27^th September, 2024

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CALLED FOR DIRECTION:

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TP/264/2024 [Original] (ECHCBM02067342023) with

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WILL/72/2024

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) Ms. Haleema Merchant, Adv. i/b. Jani & Parikh for Petitioners. ) ) ) ) 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 Shrinivas Pannalal Shivhare and ) Ramnivas Pannalal Shivhare being the ) Executors named under the Will of the ) deceased. Deceased Pannalal Ramlal ) Shivhare said to have died at Mumbai on ) 27.05.2022. Copy of Death Certificate is ) annexed to the Petition. Copy of Aadhaar ) Card of the deceased as ID Proof is annexed ) to the petition. ) ) 2. Ms. Merchant, Advocate for Petitioners ) submits that deceased left behind him last ) Will and Testament which was duly ) executed at Mumbai on 30.09.2018. The ) said Will is in Hindi language. The Ld. Adv. for the Petitioner has filed Affidavit dated ) 13.06.2024 for translation of the Will. ) ) 3. Ms. Merchant, Advocate for PetitionersMerchant, Advocate for Petitioners Advocate for Petitioners ) submits that deceased was governed under ) the Hindu Succession Act, 1956. It is ) submitted that the Parents of the deceased ) predeceased the deceased. The said ) Deceased had three sons and two daughters. ) Save and except as mentioned in para –12,

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Ms. Merchant, Advocate for PetitionersMerchant, Advocate for Petitioners Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The said Deceased had three sons and two daughters. Save and except as mentioned in para –12,

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

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there are no other legal heirs and next of kin left by the deceased.

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Petitioners’ Oath are filed. Consent Affidavits of wife, son and two daughters of the deceased as mentioned in para 12 are on record. Affidavit of Kamal Biharilal Wadhwa, 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.

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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

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27.09.2024

Shrinivas Pannalal Shivhare v. Pannalal Ramlal Shivhare (Deceased)

Case brief

What is this about?

What did the court decide?

Shrinivas Pannalal Shivhare v. Pannalal Ramlal Shivhare (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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