Allowed

Dinshaw Darabshaw Siganporia v. Paul Kaikhashroo Cooper Alias Paul K. Cooper (Deceased)

Bombay HC5 Jan 2024TP/66/2024

Case brief

AI extract

What is this about?

Probate petition for the will of Paul Kaikhashroo Cooper alias Paul K. Cooper, filed by an executor named under the will. Formalities including oath, consent of son, attesting witness affidavit and citation were complied with; probate was granted.

What did the court decide?

Probate of the last will issued to the petitioner-executor after verifying no cross-petition or caveat.

Dinshaw Darabshaw Siganporia vs Paul Kaikhashroo… — Succession and Inheritance | Bombay HC (2024)

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Pallavi

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Before: Shri S. S. Agate Addl. Registrar (O.S.) /

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Addl. Prothonotary and Senior Master

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Date : 12^th April, 2024.

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CALLED FOR COMPLIANCE:

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TP/66/2024 ) Ms. Jyoti Badgujar i/b Mr. Lakdawala & Co., Ld. (ECHCBM02204542023) ) Advocate the petitioner. WITH ) WILL/23/2024 ) ) P. C. : 1. Perused Petition which is filed online. ) Heard Ld. Advocate for Petitioner. This ) Petition is for Probate of Last Will and ) ) Testament of the deceased filed by Petitioner ) Dinshaw Darabshaw Siganporia, being one ) of the Executors named under the Will of ) the deceased. Deceased Paul Kaikhashroo ) Cooper alias Paul K. Cooper, said to have ) died at Mumbai on 28.02.2015. Copy of ) death certificate is annexed to the Petition. ) Identification proof of the deceased i.e. copy ) of Pan Card is annexed to the Petition. ) ) ) 2. Ms. Jyoti Badgujar, Advocate for Petitioner submits that deceased left behind ) ) him last Will and Testament which was duly ) executed at Mumbai on 27.04.2006. The ) said Will is in English language. ) ) 3. Ms. Jyoti Badgujar, Advocate for ) Petitioner submits that deceased was ) governed under the Indian Succession Act ) 1925. It is submitted that The said Deceased ) had no daughter he died leaving behind ) ) Widow and only son. The Widow of ) deceased Mrs. Mehroo Paul Cooper died on: ) 22-08-2016. Exhibit 'C’ to the petition is a ) Photocopy of the death certificate she since ) deceased the Deceased. The parents of the ) Deceased pre-deceased the Deceased. The

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

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said Deceased left no other heirs. Save and except as mentioned in para – 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the petitioner submitted that the delay, in filing the present Petition is on account of the fact that Petitioner was Ignorant and unaware of obtaining any legal representation recently he has been advised to obtain the same hence delay in filing the petition be condoned in interest of justice. Thus the delay is explained.

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Petitioner's Oath is filed. The another Executor Hoshedar Edulji Antia has filed Affidavit dated 30^th September, 2023 reserving his rights as Executor. Consent Affidavit of son of the deceased as mentioned in para – 8 is on record. Affidavit of Mr. Jimmy Baji Buhariwala, one of the attesting witness to the Will is also filed. Affidavit of service of General Citation is filed. All the other 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

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12.04.2024

Dinshaw Darabshaw Siganporia v. Paul Kaikhashroo Cooper Alias Paul K. Cooper (Deceased)

Case brief

What is this about?

What did the court decide?

Dinshaw Darabshaw Siganporia v. Paul Kaikhashroo Cooper Alias Paul K. Cooper (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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