Allowed

Pravesh Nari Sippy v. Pahlaj Ambritrai Uttamsingh (Deceased)

Bombay HC30 Jan 2024TP/367/2024

Case brief

AI extract

What is this about?

The court granted a petition for probation of the Last Will and Testament of Pahlaj Ambritrai Uttamsingh. The petitioner, designated as the sole executor, satisfied formal requirements, provided an affidavit of consent from the daughter (legal heir), and filed necessary supporting documents. The court verified the absence of caveats or cross-petitions before issuing the probate order.

What did the court decide?

The petition is granted. The Addl. Registrar is directed to issue the Probate of the Last Will and Testament after verifying the absence of any cross-petition or caveat.

Pravesh Nari Sippy vs Pahlaj Ambritrai Uttamsingh… — Succession and Inheritance | Bombay HC (2024)

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ary

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Before: Shri S. S. Agate

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

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Date : 9^th May, 2024.

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CALLED FOR COMPLIANCE:

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TP/367/2024 ) Mr. Uttam S. Rane, Advocate for the Petitioner. (ECHCBM02084042023) ) )

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) P.C.: 1. 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 Pravesh Nari Sippy, being the Sole ) ) Executor named under the Will of the ) deceased. Deceased Pahlaj Ambritrai ) Uttamsingh, said to have died at Mumbai on ) ) 09.08.2015. Copy of death certificate is ) annexed to the Petition. For identification ) proof of the deceased, copy of Pan Card is ) annexed to the Petition. ) ) ) 2. Mr. Rane, Advocate for the Petitioner ) submits that deceased left behind him last Will ) ) and Testament which was duly executed on ) 26.11.2007. The said Will is in English ) language. ) ) ) 3. Mr. Rane, Advocate for the Petitioner ) submits that deceased was governed under the ) Hindu Succession Act 1956. It is submitted ) that the widow of the deceased i.e. Janki ) ) Pahlaj Uttamsingh has died on 16th March ) 2023 and Exhibit "E" is the copy of the death ) certificate of the widow of the deceased. The ) parents of the deceased are pre deceased to ) the deceased. The deceased has no son from ) ) the wedlock. The deceased has no other ) daughter. The said deceased left behind his ) one daughter surviving as his only heirs and )

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Mr. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed on 26.11.2007. The said Will is in English language.

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Mr. Rane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the widow of the deceased i.e. Janki Pahlaj Uttamsingh has died on 16th March 2023 and Exhibit "E" is the copy of the death certificate of the widow of the deceased. The parents of the deceased are pre deceased to the deceased. The deceased has no son from the wedlock. The deceased has no other daughter. The said deceased left behind his one daughter surviving as his only heirs and next of kin. Save and except as mentioned in

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

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para – 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner states that he was not aware about any legal procedure for obtaining Probate and also were not familiar with the legal work and at no point of time, the said properties which mentioned in the schedule—I of the petition were require to be transferred as nothing to that effect was decided amongst the legal heirs of the deceased. The delay so caused was on account of the circumstances which were beyond the control of the Petitioner and hence, same may be condoned. Thus, the delay is explained.

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Petitioner's Oath is filed. Consent Affidavit of married daughter of the deceased as mentioned in para -9 is on record. Affidavit of Naresh T. Narang, 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.) /

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Addl. Prothonotary and Senior Master

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09.05.2024

Pravesh Nari Sippy v. Pahlaj Ambritrai Uttamsingh (Deceased)

Case brief

What is this about?

What did the court decide?

Pravesh Nari Sippy v. Pahlaj Ambritrai Uttamsingh (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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