Allowed¶10

Suhas Ganesh Bedekar v. Laxman Dattatray Joshi (Deceased)

Bombay HC1 Aug 2025TP/1185/2024

Case brief

AI extract

What is this about?

Probate granted on 01.08.2025 by Company Registrar/Testamentary Registrar (Mrs. K. Y. Ambekar) in Testamentary Petition No. 13 TP/1185/2024 for the Will dated 27.07.2001 of deceased Laxman Dattatray Joshi (died Mumbai, 09.06.2013); petitioner-executor Suhas Ganesh Bedekar; co-executor Shubha Suhas Bedekar relinquished (Affidavit dt. 12.12.2024); consent affidavits of surviving son and two daughters; attesting witness affidavit of Nimish Nanavati (dt. 28.11.2022); general citation served (Affidavit dt. 12.06.2024); formalities complied; probate to issue subject to check for caveat/cross petition.

What did the court decide?

Petition for probate granted; Office to issue Probate as prayed after verifying whether any cross petition or caveat is filed. ¶10

Suhas Ganesh Bedekar vs Laxman Dattatray Joshi (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition for probate granted; Office to issue Probate as prayed after verifying whether any cross petition or caveat is filed.

¶10

Issue for consideration

Whether the petition for probate of the last Will and Testament of Laxman Dattatray Joshi satisfies the requisite legal formalities and may be granted to the petitioner-executor Suhas Ganesh Bedekar.

¶6

Court's answer

The petitioner Suhas Ganesh Bedekar is one of only two Executors appointed under the Will; the other executor, Shubha Suhas Bedekar, has relinquished her right to act as executor (affidavit dated 12.12.2024), leaving the petitioner to seek probate.

¶7

Ratio / Principle

The mother and wife of the deceased predeceased him; he was survived by one son and two daughters who all consented in favour of the petitioner, with consent affidavits on record, and there are no other legal heirs.

¶8

Key takeaways

With the petitioner's oath filed, the attesting witness's affidavit (Nimish Nanavati, dated 28.11.2022) filed, and the affidavit of service of general citation dated 12.06.2024 filed, all legal formalities are complied with and hence the probate petition is granted.ratio¶9

Detailed headnote1 paragraphs

TESTAMENTARY PETITION - PROBATE GRANTED: Petition No. 13 TP/1185/2024 sought probate of the last Will and Testament of Laxman Dattatray Joshi, who died at Mumbai on 09.06.2013; the Will was executed at Mumbai on 27.07.2001, is in English, and its Para 3 appoints only two Executors - petitioner Suhas Ganesh Bedekar and Shubha Suhas Bedekar, who relinquished her right to act as executor (Affidavit dated 12.12.2024). The mother and wife of the deceased predeceased him; he was survived by one son and two daughters whose consent affidavits in favour of the petitioner are on record; there are no other legal heirs. The petitioner's oath, the affidavit of attesting witness Nimish Nanavati (dated 28.11.2022) and the Affidavit of Service of General Citation (dated 12.06.2024) were filed; all legal formalities were held complied with and the petition was granted, with the Office directed to issue Probate as prayed after verifying that no cross petition or caveat is filed.

Suhas Ganesh Bedekar v. Laxman Dattatray Joshi (Deceased)

Case brief

What is this about?

What did the court decide?

Suhas Ganesh Bedekar v. Laxman Dattatray Joshi (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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