Allowed¶9

Rajinder Kaur Khalsa v. Jagjit Singh Khalsa (Deceased)

Bombay HC20 Jun 2025TP/1202/2025

Case brief

AI extract

What is this about?

Probate granted; testamentary petition 12 TP/1202/2025 (E-filing); testator Jagjit Singh Khalsa died at Canada 05.05.2022; Will executed at Mumbai 03.09.2010 in English; sole executor Rajinder Kaur Khalsa (widow); consent affidavits by surviving son and two married daughters; attesting witness affidavit of Jagannath Tandale dated 03.01.2025; Affidavit of Service of General Citation dated 29.03.2025; petitioner's oath filed; granted 20.06.2025 by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar; issuance conditional on verification of no cross-petition or caveat; advocates Prasad Narkar i/b. Puja Pilankar.

What did the court decide?

Probate of the last Will and Testament of the deceased granted as prayed to the petitioner as sole executor; Office to issue probate after verifying that no cross-petition or caveat is filed.

Rajinder Kaur Khalsa vs Jagjit Singh Khalsa (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament of the deceased granted as prayed to the petitioner as sole executor; Office to issue probate after verifying that no cross-petition or caveat is filed.

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Issue for consideration

Whether probate of the last Will and Testament of the deceased Jagjit Singh Khalsa should be granted to the petitioner, his widow and the sole executor named under the Will.

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Court's answer

The court recorded that the deceased's last Will and Testament was duly executed at Mumbai on 03.09.2010, was in English language, and appointed a single executor under Para No. 1 of the Will.

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Ratio / Principle

All legal formalities were found complied with and the probate petition was accordingly granted.

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Key takeaways

The Office was directed to issue probate as prayed after verifying whether any cross-petition or caveat is filed.ratio¶10

Detailed headnote1 paragraphs

Testamentary Petition 12 TP/1202/2025 (E-filing): By order dated 20.06.2025, Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar, granted probate of the last Will and Testament of Jagjit Singh Khalsa, who died at Canada on 05.05.2022, to petitioner Rajinder Kaur Khalsa, the widow and sole Executor named under the Will. The Will was duly executed at Mumbai on 03.09.2010, is in English language, and appoints a single executor under its Para No. 1. Counsel submitted that the testator's parents predeceased him and that he was survived by his widow (the petitioner), one son and two married daughters, all other legal heirs having consented in favour of the petitioner by consent affidavits on record, with no other legal heirs. Petitioner's oath, the affidavit of attesting witness Jagannath Tandale dated 03.01.2025, and the Affidavit of Service of General Citation dated 29.03.2025 were filed. Finding all legal formalities complied with, the petition was granted, and the Office was directed to issue probate as prayed after verifying whether any cross-petition or caveat is filed.

Rajinder Kaur Khalsa v. Jagjit Singh Khalsa (Deceased)

Case brief

What is this about?

What did the court decide?

Rajinder Kaur Khalsa v. Jagjit Singh Khalsa (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

All orders in this case

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