Allowed

Revathi Navinchandra Rajpopat v. Sharada Navinchandra Rajpopat (Deceased)

Bombay HC17 Apr 2024TP/314/2024

Case brief

AI extract

What is this about?

Probate petition by the sole surviving executrix for the last Will and First Codicil of the deceased, who died at Mumbai leaving one son and four daughters. Attesting witnesses' affidavits and consent affidavits were filed and all formalities complied with. Probate was granted as prayed.

What did the court decide?

Probate of the last Will and Testament and First Codicil granted as prayed, subject to verification that no cross petition or caveat is filed.

Revathi Navinchandra Rajpopat vs Sharada… — 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 : 2^nd May, 2024.

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CALLED FOR COMPLIANCE:

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TP/314/2024 (ECHCBM02178552023)

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) Mr. S. U. Lakdawala, Advocate for the Petitioner. ) )

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) P.C.: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament and First Codicil of the deceased filed by the Petitioner Revati Navinchandra Rajpopat, being the Sole Surviving Executrix named under the Will of the deceased. Deceased Sharada Navinchandra Rajpopat alias Sharda Navinchandra Rajpopat alias Sharda Navinchandra Rajpopat alias Sharda N. Rajpopat alias Sharda Rajpopat said to have died at Mumbai on 01.02.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

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Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind her last Will and Testament and First Codicil which were duly executed at Mumbai on 03.01.2015 and 12.12.2017. The said Will and Codicil are in English language.

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Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased Navinchandra Pranlal Rajpopat alias Naveenchandra Raj died on 27.05.1998. Exhibit “H” to the Petition is a Photo Copy of his death certificate. The said Navinchandra

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Contd. ...2/) ) ) TP/314/2024 ) (ECHCBM02178552023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Pranlal Rajpopat pre-deceased the said Deceased. The said Deceased died leaving behind one Son and four Daughters including the petitioner herein of whom Ms. Nimisha Navinchandra Rajpopat died on 17.09.2022 (Exhibit “E” hereto). The said Ms. Nimisha Navinchandra Rajpopat was married. However, the whereabouts of her husband are not known to the Petitioner or any other family member. The Petitioner however submits that by this Petition, the Petitioner is seeking Probate in respect of the estate of the said Deceased only. The husband of the said Ms. Nimisha Navinchandra Rajpopat is not one of the legatees either in the Last Will and Testament or the First Codicil of the said Deceased nor would he as the son-in-law of the said Deceased be entitled to inherit any part of the estate of the said Deceased even on her intestacy. There are no issues from the marriage of the said Ms. Nimisha Navinchandra Rajpopat with her husband whose whereabouts, as stated above are not known. The said Deceased left no other heirs. Save and except as mentioned in para – 10 there are no other legal heirs left by the deceased.

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Petitioner’s Oath is filed. Consent Affidavits of son, one daughter and one married daughter as mentioned in para – 9 are on record. Pursuant to the Order dated 17.04.2024 passed by the Hon’ble Shri Justice Manish Pitale, filing of Affidavit is dispensed with regarding the whereabouts of husband of the deceased sister. Affidavits of Sirisha V. Sampat, one of the attesting witness to the Will and Codicil and Affidavit of K. T. Latha, one of the attesting witness to the Codicil are filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with.

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Contd. ...3/) Hence, Petition is granted. ) ) TP/314/2024 5. Office to issue Probate as prayed after ) (ECHCBM02178552023) ) verifying whether any Cross Petition or Caveat ) is filed. ) ) ) ) ) ) ) ) 02.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

Revathi Navinchandra Rajpopat v. Sharada Navinchandra Rajpopat (Deceased)

Case brief

What is this about?

What did the court decide?

Revathi Navinchandra Rajpopat v. Sharada Navinchandra Rajpopat (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

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