Disposed

Rajesh Karunashankar Agnihotri and Another v. Sushila Karunashankar Agnihotri (Deceased)

Bombay HC5 Feb 2024TP/407/2024

Case brief

AI extract

What is this about?

Executors sought probate of a Will executed at Mumbai on 22.10.2021 by the deceased, who died on 25.10.2021. Death certificate, Aadhaar, attesting witness affidavit, consent of married daughter, oath and citation affidavits were on record. All formalities were found complied with and probate was granted.

What did the court decide?

Petition granted; Office directed to issue Probate after verifying no cross petition or caveat is filed.

Rajesh Karunashankar Agnihotri and Another vs… — 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 : 6^th May, 2024.

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CALLED FOR COMPLIANCE :

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35 TP/407/2024

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) Ms. Janhavi Mane i/b Vikas Kharat, Advocate for ) Petitioners. )

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)

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)

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) P.C.: 1. Perused Petition which is filed online. ) Heard Ld. Advocate for Petitioners. This ) ) Petition is for Probate of Last Will and ) Testament of the deceased filed by ) Petitioners Rajesh Karunashankar Agnihotri ) ) and Rakesh Karunashankar Agnihotri being ) the Executors named under the Will of the ) deceased. Deceased Sushila Karunashankar ) ) Agnihotri, said to have died at Mumbai on ) 25.10.2021. Copy of death certificate is ) annexed to the Petition. For identification ) proof of the deceased, copy of Aadhaar Card ) ) is annexed to the Petition. ) ) 2. Ms. Mane, Advocate for the Petitioner ) ) submits that deceased left behind her last Will ) and Testament which was duly executed at ) Mumbai on 22.10.2021. The said Will is in ) English language. ) ) ) 3. Ms. Mane, Advocate for the Petitioner ) submits that deceased was governed under the ) Hindu Succession Act 1956. It is submitted ) ) that the husband of the Deceased predeceased ) and Exhibit – D to the Petition is the copy of ) his death certificate. The deceased left two ) sons and one daughter. Save and except as ) mentioned in para – 8 there are no other ) ) legal heirs left by the deceased. )

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Ms. Mane, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.10.2021. The said Will is in English language.

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Ms. Mane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased predeceased and Exhibit – D to the Petition is the copy of his death certificate. The deceased left two sons and one daughter. Save and except as mentioned in para – 8 there are no other legal heirs left by the deceased.

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06.05.2024

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

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Petitioners’ Oath are filed. Consent Affidavit of married daughter of the deceased as mentioned in para – 10 is on record. Affidavit of Avinash Prabhkar Joshi, 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

Rajesh Karunashankar Agnihotri and Another v. Sushila Karunashankar Agnihotri (Deceased)

Case brief

What is this about?

What did the court decide?

Rajesh Karunashankar Agnihotri and Another v. Sushila Karunashankar Agnihotri (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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