Allowed

Mahendra Kanchanlal Shah v. Rajnikant Mangulal Shah

Bombay HC1 Feb 2024TP/385/2024

Case brief

AI extract

What is this about?

The court allowed the petition for probate of the last will and testament of the deceased Rajnikant Mangulal Shah. The petitioner complied with all formalities including obtaining consent affidavits from legal heirs and filing attesting witness affidavits.

What did the court decide?

Office issued to issue Probate of the Last Will and Testament after verifying compliance with all formalities.

Mahendra Kanchanlal Shah vs Rajnikant Mangulal Shah — 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 : 29^th April, 2024.

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CALLED FOR COMPLIANCE:

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TP/385/2024 (ECHCBM02213992023)

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) Mr. Chirag Sancheti i/b Bulwark Advocate for the ) Petitioner.

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)

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

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) ) Heard Ld. Advocate for the Petitioner. This ) Petition is for Probate of Last Will and ) Testament of the deceased filed by Petitioner

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) ) Mahendra Kanchanlal Shah, being the Sole ) Executor named under the Will of the ) deceased. Deceased Rajnikant Mangulal Shah,

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) ) said to have died at Mumbai on 15.01.2023. ) Copy of death certificate is annexed to the ) Petition. For identification proof of the

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) ) deceased, copy of Aadhaar Card is annexed to ) the Will.

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

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Mr. Sancheti, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 08.11.2019. The said Will is in English language.

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Mr. Sancheti, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the Deceased predeceased the Deceased and there was no child born out of their wedlock. Save and except as mentioned in para – 9 there are no other legal heirs left by the deceased.

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Petitioner's Oath is filed. Consent Affidavits of two sisters, sister-in-law, two nieces and one nephew of the deceased as mentioned in para – 9 are on record. Affidavits of Rahul

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29.04.2024

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

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Keshavlal Gandhi and Navinchandra Natvarlal Sheth, both the attesting witnesses to the Will are 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

Mahendra Kanchanlal Shah v. Rajnikant Mangulal Shah

Case brief

What is this about?

What did the court decide?

Mahendra Kanchanlal Shah v. Rajnikant Mangulal Shah

Case brief

What is this about?

What did the court decide?

What the court decided

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