Allowed¶9

Aruna Sadique v. Sushila Krishnaji Dharmadhikari (Deceased)

Bombay HC16 Apr 2025TP/1835/2025

Case brief

AI extract

What is this about?

Probate petition 17 TP/1835/2025 (E-filing): Will of Sushila Krishnaji Dharmadhikari (died Ahmedabad 18.08.2009; executed Mumbai 16.04.2006, in Marathi with certified translation) granted to executrices Aruna Sadique and Saroj Tendle on 30.07.2025 by Company Registrar / Testamentary Registrar Mrs. K. Y. Ambekar; all other legal heirs consented; citation served on Usha and Deepa; attesting witness affidavit of Harsha Vardhan Roongta (06.11.2024) filed; probate to issue after verification of no caveat/cross petition. Advocate: Ms. Haleema Merchant i/b Jani and Parikh.

What did the court decide?

Probate of the last Will and Testament of the deceased granted to the petitioners (Executrices); Office to issue Probate as prayed after verifying that no cross petition or caveat is filed. ¶9

Aruna Sadique vs Sushila Krishnaji Dharmadhikari (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Probate of the last Will and Testament of the deceased granted to the petitioners (Executrices); Office to issue Probate as prayed 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 Sushila Krishnaji Dharmadhikari should be granted to the petitioners, the two Executors appointed under the Will.

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Court's answer

The Affidavit dated 30.07.2025 filed by Petitioner No. 2 for dispensation of identification proof of the deceased is accepted.

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Ratio / Principle

All legal formalities stand complied with and the probate petition is granted.

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Key takeaways

Office is directed to issue Probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶10

Detailed headnote1 paragraphs

Probate granted - Testamentary Petition 17 TP/1835/2025 (E-filing), decided 30.07.2025 by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar. Petition filed by Aruna Sadique and Saroj Tendle, the only two Executors appointed under Para No. 2 of the last Will and Testament of Sushila Krishnaji Dharmadhikari, who died at Ahmedabad on 18.08.2009. The Will was duly executed at Mumbai on 16.04.2006, is in Marathi, and its translation was annexed with an Advocate's affidavit dated 28.07.2025 certifying it a true and correct translation. The parents and husband of the deceased predeceased her; she was survived by two daughters (the petitioners), three daughters-in-law, one granddaughter-in-law, two grandsons, two granddaughters, one great grandson and one great granddaughter; all other legal heirs gave consent affidavits in favour of the petitioners. Citation was served by Registered Post AD through the Sheriff of Mumbai on legal heirs Usha and Deepa (Affidavit of Service dated 28.07.2025); Affidavit of Service of General Citation dated 25.07.2025 filed; petitioners' oath filed; affidavit of attesting witness Harsha Vardhan Roongta dated 06.11.2024 filed. Affidavit dated 30.07.2025 of Petitioner No. 2 for dispensation of identification proof of the deceased accepted. All legal formalities complied with; petition granted; Office directed to issue Probate as prayed after verifying whether any cross petition or caveat is filed.

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SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30^th July, 2025

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CALLED FOR HEARING :

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17 TP/1835/2025 (E-filing)

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Ms. Haleema Merchant i/b. Jani and Parikh, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Aruna Sadique and Saroj Tendle being Executrices named under the Will of deceased. The deceased namely Sushila Krishnaji Dharmadhikari died at Ahmedabad on 18.08.2009. Copy of death certificate is annexed to the petition. Petitioner No. 2 has filed Affidavit dated 30.07.2025 for dispensation of identification proof of deceased. The same is accepted.

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The deceased left behind her last Will and Testament which was duly executed at Mumbai on 16.04.2006. The said Will is in Marathi language and translation thereof is annexed to the petition algonwith Affidavit of Advocate dated 28.07.2025 certifying that the said translation is true and correct translation of the Will. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein.

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Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by two daughters, three daughter-in-law, one granddaughter-in-law, two grandsons, two granddaughters and one great grandson, one great granddaughter. Out of them two daughters are petitioners herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. Two legal heirs namely Usha and Deepa have been served with the citation by registered Post AD through Sheriff of Mumbai and Affidavit of Service dated 28.07.2025 is filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Harsha Vardhan Roongta dated 06.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.07.2025 is filed. 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 is filed or whether any caveat is filed.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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30.07.2025

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SLG

Aruna Sadique v. Sushila Krishnaji Dharmadhikari (Deceased)

Case brief

What is this about?

What did the court decide?

Aruna Sadique v. Sushila Krishnaji Dharmadhikari (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

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Case details

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