Allowed

Dilip Punjiram Purani and Anr. v. Babiben Punjiram Purani (Deceased)

Bombay HC19 Jan 2024TP/294/2024

Case brief

AI extract

What is this about?

Executors sought probate of a Gujarati-language Will of the deceased who died in Mumbai in 2017. Translation affidavit filed, consent affidavits of heirs on record, attesting witnesses deceased, formalities complied with; delay in filing explained and condoned.

What did the court decide?

Probate to issue as prayed, after verification that no cross-petition or caveat is filed.

Dilip Punjiram Purani and Anr. vs Babiben Punjiram… — 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 : 5^th July, 2024

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CALLED FOR DIRECTION:

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TP/294/2024 with WILL/119/2024 DILI

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) Ms. Hetal Nilesh Bhayani, Adv. for Petitioners. )

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)

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P. C. : 1. Perused Petition. Heard Ld. Advocate

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) for Petitioners. This Petition is for Probate of

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) Last Will and Testament of the deceased filed

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) by Petitioners Dilip Punjiram Purani and Ila

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) Dilip Purani being the Executors named

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) under the Will of the deceased. Deceased

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) Babiben Punjiram Purani said to have died at

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) Mumbai on 05.01.2017. Copy of Death

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) Certificate is annexed to the Petition. Copy of

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) Voter ID and Pan Card of the deceased as ID

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) Proof are annexed to the petition.

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Ms. Bhayani, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.10.2001. The said Will is in Gujarati language and the Ld. Adv. for the Petitioner has filed affidavit dated 29^th April 2024 stating that her mother tongue is Gujarati and she is well versed with both the languages and the translation drafted by her is proper.

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Ms. Bhayani, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased. The deceased had five daughters and one son. Out of five daughters elder daughter Kusum

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

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Joshi died on 3^rd January 2021. Save and except as mentioned in para –10, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioners submits that the petitioners were not aware of obtaining the legal representation from Hon’ble High Court Bombay and recently advised by their Advocate. So there is delay in filing the present petition. The delay so caused may be condoned. Thus, the delay is explained.

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Petitioners’ Oath are filed. Consent Affidavits of four daughters and two grandsons of the deceased as mentioned in para 10 are on record. The Petitioner has filed Affidavit dated 24^th July 2023 stating that both the attesting witnesses are expired. Death Certificate of Ramkrishna Patel one of the attesting witness is annexed to the affidavit. 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.) / Addl. Prothonotary and Senior Master

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05.07.2024

Dilip Punjiram Purani and Anr. v. Babiben Punjiram Purani (Deceased)

Case brief

What is this about?

What did the court decide?

Dilip Punjiram Purani and Anr. v. Babiben Punjiram Purani (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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