Allowed

Pratibha Madhavji Majithia v. Ajita Laxmikant Majithia (Deceased)

Bombay HC26 Apr 2024TP/418/2024

Case brief

AI extract

What is this about?

Probate petition for the last will of the petitioner's deceased relative, executed abroad in 2015, with oath, attesting witness affidavit and citation service filed. Formalities complied with; the Registrar granted the petition and directed issuance of probate after checking for caveats.

What did the court decide?

Probate granted as prayed; Office directed to issue probate after verifying absence of cross-petition or caveat.

Pratibha Madhavji Majithia vs Ajita Laxmikant… — Succession and Inheritance | Bombay HC (2024)

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ssd

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

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Date : 26^th April, 2024

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CALLED FOR DIRECTION:

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TP/418/2024 WITH TP/418/2024

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) Ms. Natasha Bhot, Adv. for the Petitioner.

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)

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)

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P. C. : 1. Perused Petition. Heard Ld. Advocate

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) for the Petitioner. This Petition is for Probate

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) of Last Will and Testament of the deceased

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) filed by the Petitioner Pratibha Madhavji

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) Majithia, being the sole Executor named

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) under the Will of the deceased. Deceased

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) Ajita Laxmikant Majithia, said to have died

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) at Dar-es Salaam Tanzania on 03.02.2021.

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) Copy of Death Certificate is annexed to the

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) Petition. Copy of Passport of the deceased

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) as ID Proof is annexed to the petition.

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) )

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Ms. Bhot, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Dar-es Salaam Tanzania on 07.08.2015. The said Will is in English language.

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

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Ms. Bhot, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and sister of the deceased predeceased the deceased. Parents of deceased father predeceased the deceased. The other brothers and sisters of the deceased’s father have all predeceased the deceased. Save and except as mentioned in para –7, there are no other legal heirs and next of kin left by the deceased.

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) ) 4. Petitioner's Oath is filed. Affidavit of ) Usha P. Kakkad, one of the attesting witness to the Will is filed. Affidavit of service of ) General Citation is filed. All other legal ) formalities are complied with. Hence, ) Petition is granted. ) ) 5. 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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26.04.2024

Pratibha Madhavji Majithia v. Ajita Laxmikant Majithia (Deceased)

Case brief

What is this about?

What did the court decide?

Pratibha Madhavji Majithia v. Ajita Laxmikant Majithia (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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