Disposed¶11

Anil Sobers Francis v. Leela Archi Allen Deceased

Bombay HC30 Apr 2025TP/133/2025

Case brief

AI extract

What is this about?

Probate; testamentary petition; Bombay High Court Testamentary Registrar; 27 TP/133/2025; Leela A. Allen; Anil Sobers Francis; sole executor; Will executed Mumbai 30.5.2015; death 26.08.2023 Kerla; widow and issueless; Class II legal heirs not mentioned; leave to amend para 7; twelve weeks; re-upload amended petition; praecipe; removed from board; final grant; attesting witness Prakash P. Pednekar; general citation affidavit 27.1.2025.

What did the court decide?

Leave to amend para No. 7 of the petition to include the Class II legal heirs of the deceased, to be carried out within twelve weeks from the date of uploading of the order; amended petition to be re-uploaded on the official portal of the Bombay High Court; matter removed from board, to be placed on board upon praecipe when ready for final grant. ¶11

Anil Sobers Francis vs Leela Archi Allen Deceased — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether leave should be granted to amend paragraph 7 of the probate petition, which omits mention of the Class II legal heirs of the deceased.

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Court's answer

Leave granted to amend para No. 7 of the petition to set out the Class II legal heirs of the deceased; the amendment is to be carried out within twelve weeks from the date of uploading of the order.

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Ratio / Principle

The amended petition is to be re-uploaded on the official portal of the Bombay High Court.

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Key takeaways

Advocate for petitioner to file a praecipe to place the matter on board when it is ready for final grant; accordingly, the matter is removed from board.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court, Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar), order dated 30.04.2025 in Probate Petition 27 TP/133/2025 (E-filing). Petitioner Anil Sobers Francis, sole executor named under the Will (executed at Mumbai on 30.5.2015, in English, single executor) of deceased Leela A. Allen, who died at Kerla on 26.08.2023 leaving no other legal heirs; petitioner is the son of the sister of the deceased. Petitioner's oath, attesting witness affidavit of Prakash P. Pednekar dated 23.08.2024, and Affidavit of Service of General Citation dated 27.1.2025 were on record. The Registrar noted that the Class II legal heirs of the deceased were not mentioned in the petition, granted leave to amend para No. 7, directed completion of the amendment within twelve weeks from upload of the order and re-upload of the amended petition on the official portal of the Bombay High Court, and removed the matter from board, directing that a praecipe be filed to place it on board when ready for final grant.

Anil Sobers Francis v. Leela Archi Allen Deceased

Case brief

What is this about?

What did the court decide?

Anil Sobers Francis v. Leela Archi Allen 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

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