Allowed

Chandrakant Mohanlal Gabhawala v. Vinod Himatlal Desai (Deceased)

Bombay HC8 Feb 2024TP/473/2024

Case brief

AI extract

What is this about?

Probate petition by the sole surviving Executor under the Will of a deceased who died abroad. Death certificate, oath of the petitioner, consent affidavit of the son, affidavit of an attesting witness and service of general citation were on record; all formalities were held complied with.

What did the court decide?

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

Chandrakant Mohanlal Gabhawala vs Vinod Himatlal… — Succession and Inheritance | Bombay HC (2024)

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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 June, 2024

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CALLED FOR DIRECTION:

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25. TP/473/2024 (ECHCBM02026422023) with WILL/209/2024

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) Mr. Sushil A. Inamdar Adv. for the Petitioner.

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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 ) Chandrakant Mohanlal Gabhawala, being the ) sole surviving Executor named under the Will of ) the deceased. Deceased Vinod Himatlal Desai, ) said to have died at Nottinghamshire on ) 04.10.2022. Copy of Death Certificate is ) annexed to the Petition. Copy of Aadhaar Card ) of the deceased as ID Proof is annexed to the ) petition.

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Mr. Sushil Inamdar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 06.07.2016. The said Will is in English language.

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Mr. Sushil Inamdar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that parents and wife of the deceased predeceased the deceased. The deceased left no other son or daughter. 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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Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in Para 7 of

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) ) the petition are on record. Affidavit of Parul ) Dushyant Parekh, one of the attesting witness to ) the Will is filed. Affidavit of service of General ) Citation is filed. All Affidavits are filed online. ) All other legal formalities are complied with. Hence, Petition is granted. ) ) 5. Office to issue Probate expeditiously as ) prayed after verifying whether any Cross ) Petition or Caveat is filed. )

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26.06.2024

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

Chandrakant Mohanlal Gabhawala v. Vinod Himatlal Desai (Deceased)

Case brief

What is this about?

What did the court decide?

Chandrakant Mohanlal Gabhawala v. Vinod Himatlal Desai (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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