Allowed

Haiderali Jeewabhai v. Geoffrey Power (Deceased)

Bombay HC7 May 2024TP/351/2024

Case brief

AI extract

What is this about?

Probate petition by an executor named in the Will of a deceased Christian who died unmarried leaving no heirs. The other executrix renounced her rights; attesting witness affidavit and citations were on record. Formalities complied with, so the court granted the petition and directed issuance of probate after checking for caveats.

What did the court decide?

Probate granted; office to issue probate as prayed after verifying no cross petition or caveat is filed.

Haiderali Jeewabhai vs Geoffrey Power (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 : 15^th July 2024.

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MENTIONED,NOT ON BOARD :

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TP/351/2024 ECHCBM02157622023

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) Ms. Sheetal Shah i/b Mehta and Girdharlal, Advocate ) for the Petitioner.

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)

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)

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) P.C.: 1. Perused Petition which is filed online. Heard

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) Ld. Advocate for the Petitioner. This Petition is

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) ) for Probate of Last Will and Testament of the ) deceased filed by the Petitioner Haiderali

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) Jeewabhai, being one of the Executors named

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) ) under the Will of the deceased. Deceased ) Geoffrey Power, said to have died at Bengaluru ) on 17.02.2018. Copy of death certificate is

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) annexed to the Petition. For identification

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) ) proof of the deceased, copy of Aadhar Card ) and Pan Card are annexed to the Petition.

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

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Ms. Shah, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Bengaluru on 29.05.1995. The said Will is in English language.

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Ms. Shah, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christians. It is submitted that the Deceased died as a bachelor and has left no surviving legal heirs or kin. The parents of the Deceased Mr. Max Bertie, being the father and Mrs. Edith May Bertie, being the Pre-Deceascd. Save and except as mentioned in para – 11, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that vide order dated 10.01.2022 passed in Supreme Court in Misc. Application

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

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No. 21 of 2022 in Suo Moto Writ Petition (L) No. 3 of 2020, the period between 15^th March 2020 and 28^th February 2022, shall stand excludes for the purpose of limitation and therefore the aforesaid Petition is filed within time.

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Petitioner's Oath is filed. The other Executrix, Mehrunissa Haidarali has filed letter dated 27.07.2023 renouncing her rights as Executrix. Affidavit of Abdul Rasheed, 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

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15.07.2024

Haiderali Jeewabhai v. Geoffrey Power (Deceased)

Case brief

What is this about?

What did the court decide?

Haiderali Jeewabhai v. Geoffrey Power (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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