Disposed

Prathamesh Srinivas Pai v. Srinivas Venkatraman Pai (Deceased)

Bombay HC15 Jan 2024TP/267/2024

Case brief

AI extract

What is this about?

Probate petition by the sole executor named in the deceased's registered Will. Death certificate, identification proof, petitioner's oath, consent affidavits of the widow and daughter, attesting witness affidavit and service of citation were on record; legal formalities were complied with and the petition was granted.

What did the court decide?

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

Prathamesh Srinivas Pai vs Srinivas Venkatraman… — Succession and Inheritance | Bombay HC (2024)

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ary

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

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Date : 25^th April, 2024.

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CALLED FOR COMPLIANCE:

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TP/267/2024 (ECHCBM02168662023)

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) Mr. Satendra Kumar, Advocate for the Petitioner. ) ) )

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)

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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 Prathamesh Srinivas Pal, being the ) Sole Executor named under the Will of the ) deceased. Deceased Srinivas Venkatraman Pal, ) ) said to have died at Mumbai on 03.04.2023. ) Copy of death certificate is annexed to the ) Petition. Identification proof of the deceased ) ) i.e. copy of Aadhaar Card is annexed to the ) Petition. ) ) ) 2. Mr. Satendra Kumar, Advocate for the ) Petitioner submits that deceased left behind ) him last Will and Testament which was duly ) executed and registered at Mumbai on ) 28.06.2022 and 22.07.2022 respectively. The ) ) said Will is in English language. ) ) 3. Mr. Satendra Kumar, Advocate for the ) Petitioner submits that deceased was governed ) ) under the Hindu Succession Act 1956. It is ) submitted that the parents of the deceased ) predeceased the deceased. The deceased does ) not have any other sons or daughters. Save ) ) and except as mentioned in para – 8, there are ) no other legal heirs left by the deceased. ) ) )

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Mr. Satendra Kumar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 28.06.2022 and 22.07.2022 respectively. The said Will is in English language.

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25.04.2024

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

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Petitioner’s Oath is filed. Consent Affidavits of widow and daughter of the deceased mentioned in para – 8 are on record. Affidavit of Chaitanya Surendrarai Bhatt, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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

Prathamesh Srinivas Pai v. Srinivas Venkatraman Pai (Deceased)

Case brief

What is this about?

What did the court decide?

Prathamesh Srinivas Pai v. Srinivas Venkatraman Pai (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

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