Allowed

Haresh Verhomal Vasandani v. Mahesh Verhomal Vasandani (Deceased)

Bombay HC19 Apr 2024TP/50/2024

Case brief

AI extract

What is this about?

Petition for probate of a Will executed at Mumbai by the deceased, filed by the sole named Executor. Consent affidavits of legal heirs, attesting witness affidavit and citation service were on record. The court granted the petition and directed issuance of probate after checking for caveats or cross-petitions.

What did the court decide?

Probate granted; office to issue probate as prayed after verifying no caveat or cross petition.

Haresh Verhomal Vasandani vs Mahesh Verhomal… — 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 : 2^nd May, 2024.

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CALLED FOR COMPLIANCE:

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TP/50/2024 (ECHCBM02194252023)

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) Ms. Anima Mishra i/b Rachna Kapasi, Advocate ) 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 Haresh Verhomal Vasandani, being ) the Sole Executor named under the Will of the ) deceased. Deceased Mahesh Verhomal ) ) Vasandani said to have died at Mumbai on ) 29.07.2020. Copy of death certificate is ) annexed to the Petition. For identification ) ) proof of the deceased, copy of Aadhaar Card ) is annexed to the Will. ) ) 2. Ms. Mishra, Advocate for the Petitioner ) ) submits that deceased left behind him last Will ) and Testament which was duly executed ) at Mumbai on 12.09.2019. The said Will is in ) English language. ) ) ) 3. Ms. Mishra, Advocate for the Petitioner ) submits that deceased was governed under the ) Hindu Succession Act 1956. It is submitted ) ) that the daughter of the Deceased named ) Kareena is referred to by her pre-marital ) name Vanita in the said last Will and ) Testament of the Deceased. It is further ) ) submitted that by Affidavit dated 22.04.2024, ) it is stated that the parents of the Deceased ) pre-deceased the Deceased. The mother of the ) Deceased, viz. late Mrs. Padma Verhomal ) Vasandani, expired on or about 6th April )

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

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Exhibit “A” to the Affidavit is a true copy of her Death Certificate. Save and except as mentioned in para – 9 there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that on account of the Covid-19 pandemic and incidental hardships in access to lawyers and courts, this Petition has been filed after a year of the demise of the Deceased. but in any event within three years of the demise of the Deceased.

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Petitioner’s Oath is filed. Consent Affidavits of widow, two sons, one married daughter and daughter of the deceased as mentioned in para – 9 are on record. Affidavit of Tarun Tekchand Khatri, 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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02.05.2024

Haresh Verhomal Vasandani v. Mahesh Verhomal Vasandani (Deceased)

Case brief

What is this about?

What did the court decide?

Haresh Verhomal Vasandani v. Mahesh Verhomal Vasandani (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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