Allowed

Khyati Chirag Shah v. Urmila Dilip Shah (Deceased)

Bombay HC28 Jun 2024TP/304/2024

Case brief

AI extract

What is this about?

The court granted the petition for probate of the last will and testament of the deceased, Urmila Dilip Shah. The petition was filed by Khyati Chirag Shah, one of the named executrices. Other executrices renounced their roles, and consent affidavits from legal heirs were filed. The court directed the issuance of the probate.

What did the court decide?

Probate of the last will and testament issued.

Khyati Chirag Shah vs Urmila Dilip Shah (Deceased) — 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 : 23^rd October, 2024.

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CALLED FOR COMPLIANCE :

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TP/304/2024 [Original] with WILL/123/2024

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) Ms. Swati Mehta, Advocate for the Petitioner. ) )

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) P.C.: 1. Perused Petition. Heard Ld. Advocate for ) the Petitioner. This Petition is for Probate of ) Last Will and Testament of the deceased filed ) by the Petitioner Khyati Chirag Shah, being one ) ) of the Executrix named under the Will of the ) deceased. Deceased Urmila Dilip Shah, said to ) have died at Mumbai on 23.05.2020. Copy of ) death certificate is annexed to the Petition. For ) ) identification proof of the deceased, copy of ) Aadhar Card is annexed to the Petition. ) )

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Ms. Mehta, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 29.10.2019. The said Will is in English language.

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)

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

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Ms. Mehta, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. Save and except as mentioned in para – 8, there are no other legal heirs and next of kin left by the deceased.

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Petitioner’s Oath is filed. The other two Executrices, Jaina Amish Shah and Nisha Deepak Shah have filed their Affidavits both dated 26.07.2023 renouncing their rights as Executrices. Consent Affidavits of two married daughters of the deceased as mentioned in para – 8 are on record. Affidavit of Anish

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23.10.2024

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

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Natverlal Shah, 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

Khyati Chirag Shah v. Urmila Dilip Shah (Deceased)

Case brief

What is this about?

What did the court decide?

Khyati Chirag Shah v. Urmila Dilip Shah (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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