Allowed

Sameer Kashiram Sawant v. Kashiram Shripat Sawant (Deceased)

Bombay HC18 Jan 2024TP/287/2024

Case brief

AI extract

What is this about?

Probate petition for the last joint Will of two spouses who died in April 2021, filed by the sole executor named under the Will. Death certificates, heir details, consent affidavits of the children, an attesting witness's affidavit and proof of citation were placed on record. The petition was granted and the office directed to issue probate after verifying no cross-petition or caveat.

What did the court decide?

Probate petition granted; office directed to issue probate expeditiously after verifying no cross-petition or caveat.

Sameer Kashiram Sawant vs Kashiram Shripat Sawant… — Succession and Inheritance | Bombay HC (2024)

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sah

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

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Date : 10^th May, 2024

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CALLED FOR DIRECTION:

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512. TP/287/2024 With Will/91/2024 In TP/287/2024

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) Ms. Snehal Rambhau Gambhir, Advocate for the Petitioner. )

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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 joint Will and ) Testament of the deceased filed by the ) Petitioner Sameer Kashiram Sawant, being the

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) sole Executor named under the Will of both the ) deceased. Deceased Kashiram Shripat Sawant

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) and Sunita Kashiram Sawant said to have died at ) Dapoli, Ratnagiri and Mumbai on 16.04.2021

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) and 19.04.2021 respectively. Copy of Death ) Certificate is annexed to the Petition. Copy of ) Aadhar Card of both the deceased as ID Proof ) are annexed to the petition.

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Ms. Snehal Rambhau Gambhir Advocate for the Petitioner submits that deceased left behind them last Will and Testament which was duly executed at Mumbai on 20.02.2021. The said Will is in English language.

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Ms. Snehal Rambhau Gambhir Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceaseds were married. That the mother of the deceased Kashiram Shripat Sawant predeceased him and his wife Sunita Kashiram Sawant passed away on 19.04.2021. That the husband of deceased Sunita Kashiram Sawant predeceased her on | 16.04.2019. Save and except as mentioned in

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) para 8, there are no other legal heirs and next of ) kin left by the deceased. ) ) 4. Petitioner's Oath is filed. Consent affidavits ) of Son and daughter of the deceased as ) mentioned in Para 8 are on record. Affidavit of Ajit Apte, 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. ) ) 5. Office to issue Probate expeditiously as ) prayed after verifying whether any Crossverifying whether any Cross ) Petition or Caveat is filed. ) ) )

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Office to issue Probate expeditiously as prayed after verifying whether any Crossverifying 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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10.05.2024

Sameer Kashiram Sawant v. Kashiram Shripat Sawant (Deceased)

Case brief

What is this about?

What did the court decide?

Sameer Kashiram Sawant v. Kashiram Shripat Sawant (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

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