Allowed

Subhas Kumar Basu v. Amal Kumar Basu S/O. Promoda Charan Bose (Deceased)

Bombay HC24 Jan 2024TP/323/2024

Case brief

AI extract

What is this about?

Probate petition by the sole executor under the deceased's Will, with death certificate, attesting witness affidavit and heirs' consent affidavits on record; all formalities complied with and probate was granted subject to caveat/cross-petition verification.

What did the court decide?

Probate ordered to be issued as prayed, after office verifies no caveat or cross petition.

Subhas Kumar Basu vs Amal Kumar Basu S/O. Promoda… — Succession and Inheritance | Bombay HC (2024)

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msm

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

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Date : 05^th March, 2024.

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CALLED FOR COMPLIANCE :

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TP/323/2024 ) Mr. S. U. Lakdawala a/w. Jayant Wani, (ECHCBM02162212023) ) Advocate for the Petitioner. with ) P.C.: 1. Perused petition which is filed online.

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WILL/115/2024 ) Heard Ld. Advocate for the Petitioner.

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) ) This petition is for Probate of last Will ) and Testament of deceased filed by the ) petitioner viz. Subhas Kumar Basu being ) the sole Executor named under the Will

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) of deceased. Deceased viz. Amal Kumar

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) Basu, said to have died at Mumbai on

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) 12

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) th November, 2022. Copy of death ) certificate is annexed to the petition. ) Identification proof of deceased viz. ) copy of Aadhar Card is annexed to the ) Petition.

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) ) 2. Mr. S. U. Lakdawala, Advocate for

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) Petitioner submits that deceased left

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) ) behind her last Will and Testament ) which was duly executed at Mumbai on ) 30 th May, 2010. The said Will is in

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) English language.

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) ) 3. Mr. S. U. Lakdawala, Advocate for

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) ) Petitioner submits that deceased was ) governed under the Hindu Succession ) Act, 1956. It is submitted that the said ) ..2/-

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) ) ) ) ) ) ) ) ) )

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

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: 2 :

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Mr. Haresh Tilokchand Bhatia had no Daughter he died leaving behind Widow and 2 Sons. The said Deceased died as Spinster, The Mother of the Deceased, Mrs. Saraswati Tilokchand Bhatia died on 20-01-2006, The Father of the Deceased Mr. Tilokchand Udhawdas Bhatia died on 25-02-1950, both pre-.deceased the Deceased. The said Deceased died leaving behind 1 Brother, and 1 Sister only. Save and except as mentioned in Para-8 of the Petition there are no other legal heirs and next of kin left by the deceased.

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Petitioner's oath is filed. Consent Affidavits of Sister-in-law and Nephews of the Deceased as mentioned in Para-8 of the Petition are on record. Affidavit of Vandana Nitin Bhatia, 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.

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Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

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Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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05.03.2024

Subhas Kumar Basu v. Amal Kumar Basu S/O. Promoda Charan Bose (Deceased)

Case brief

What is this about?

What did the court decide?

Subhas Kumar Basu v. Amal Kumar Basu S/O. Promoda Charan Bose (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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