Allowed

Mohan Vishwanath Joshi v. Arun Madhukar Walawalkar(Deceased)

Bombay HC4 Oct 2024TP/983/2024

Case brief

AI extract

What is this about?

Probate petition for the Will of a deceased bachelor with no direct heirs, filed by an executor named in the Marathi-language Will executed at Mumbai. The other executor renounced his rights, consents of siblings were on record, and legal formalities were complied with.

What did the court decide?

Probate to be issued as prayed after verifying no cross-petition or caveat exists.

Mohan Vishwanath Joshi vs Arun Madhukar… — 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 : 18^th October, 2024

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CALLED FOR DIRECTION:

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TP/983/2024 [Original] (ECHCBM02051492023) with WILL/320/2024

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) Mr. Mahesh Chitnis, Adv. i/b. Chitnis Vaithy & Co., for the Petitioner. ) )

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)

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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 Mohan Vishwanath Joshi being ) one of the Executors named under the Will ) of the deceased. Deceased Arun Madhukar ) Walawalkar said to have died at Palghar on ) 16.12.2020. 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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) )

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)

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Mr. Chitnis, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 07.07.2020. The said Will is in Marathi language. The official English translation of the Will is on record.

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

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Mr. Chitnis, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. That the deceased was a bachelor and was not married in his lifetime. Also, he has no daughters and sons. Save and except as

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

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mentioned in para –8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that he could not filed this Petition as he was in the process of collecting particulars of the properties left by the deceased. Hence the Petitioner pray that the delay of two days in filing the Petition be condoned. Thus, the delay is explained.

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Petitioner's Oath is filed. The Other Executor Suresh Dattatraya Waigankar has filed Affidavit dated 22.02.2023 renouncing his rights as Executor. Consent Affidavits of four sisters and one brother of the deceased as mentioned in para 8 are on record. Affidavit of Suresh Vitthal Kamat, 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.

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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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18.10.2024

Mohan Vishwanath Joshi v. Arun Madhukar Walawalkar(Deceased)

Case brief

What is this about?

What did the court decide?

Mohan Vishwanath Joshi v. Arun Madhukar Walawalkar(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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