Allowed

Mahesh Kantilal Vora v. Vasantkumar Jivanlal Mehta (Deceased)

Bombay HC27 Aug 2024TP/319/2024

Case brief

AI extract

What is this about?

Probate petition for the Will of a deceased Mumbai resident filed by one of two executors. Attesting witnesses' affidavits, heirs' consents, service affidavits and citation were on record; formalities complied with. Probate was granted after correction of an earlier order describing the petitioner as sole executor.

What did the court decide?

Probate of the last Will and Testament dated 15.06.2018 issued to the petitioner after verifying no cross-petition or caveat is filed.

Mahesh Kantilal Vora vs Vasantkumar Jivanlal Mehta… — 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 : 20^th September, 2024

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CALLED FOR SPEAKING TO THE MINUTES:

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TP/319/2024 [Original]

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(ECHCBM02192282023) with WILL/111/2024

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) Mr. Jayant Wani, Adv. i/b. S. U. Lakdawala for the Petitioner. ) ) )

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) P. C. : Suo - Moto ) ) ) ) ) ) ) ) ) 7^th ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) read as under ; ) ) )

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Office has informed that, while preparing the grant, in Order dated 06.09.2024 in Para 1 it is mentioned that the Petitioner being the sole executor and in Para 4 the avernment of reserving right of other executor is not mentioned.

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Hence, in Order 06.09.2024, in Para 1 7^th line the word “sole executor” be read and corrected as “one of the executors”. Further, in Para 4 of the order after Petitioner’s oath is filed, the sentence be added as “other executor Mr. Prafulchandra Gulabchand Karania, has filed his affidavit dated 18.08.2023 reserving his rights as executor.”

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It is made clear that rest of the order dated 06.09.2024 will remain as it is.

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Remove from board.

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For the sake of convenience, the corrected order dated 20^th September 2024 read as under ;

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Contd.. ..2/) ) 13. TP/319/2024 ) [Original] ) (ECHCBM02192282023 ) ) with ) WILL/111/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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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 of the deceased filed by the Petitioner Mahesh Kantilal Vora being one of the Executors named under the Will of the deceased. Deceased Vasantkumar Jivanlal Mehta, alias Vasantbhai J. Mehta alias Vasant Kumar Jivanlal Mehta said to have died at Mumbai on 11.08.2019. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

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Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.06.2018 The said Will is in English language.

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Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the mother of the deceased predeceased the deceased. The deceased married twice. First wife of the deceased also predeceased the deceased leaving behind one son and one daughter. Deceased had one son and one daughter from first wife. Deceased than married to Mrs. Vanitaben Vasantbhai Mehta from the said wedlock he had only 2 Daughters she had no Son. Save and except as mentioned in para –8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay, in filing the present Petition is on account of the fact that Petitioner was Ignorant and unaware of obtaining any legal representation recently he has been advised

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to obtain the same hence delay in filing the Petition be condoned in interest of justice. Thus, the delay is explained.

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Petitioner's Oath is filed. Other executor Mr. Prafulchandra Gulabchand Karania, has filed his affidavit dated 18.08.2023 reserving his rights as executor. Consent Affidavits of son and daughter from first wife of the deceased as mentioned in para 8 are on record. There is affidavit of service from Sheriff office dated 01.08.2024 showing service upon second wife and two daughters as mentioned in para 8. Affidavits of Dr. Jitendra Premshankar Trivedi, and Prafulchandra Gulabchand Karania, both the attesting witnesses to the Will are 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.

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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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20.09.2024

Mahesh Kantilal Vora v. Vasantkumar Jivanlal Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

Mahesh Kantilal Vora v. Vasantkumar Jivanlal Mehta (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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