Allowed¶10

Shyam Bhalchandra Basrur v. Chanrakant Laxmanrao Basrur (Deceased)

Bombay HC2 Jan 2025TP/2386/2024

Case brief

AI extract

What is this about?

Probate petition granted before Company Registrar/Testamentary Registrar Mrs. K. Y. Ambekar on 16.04.2025 in TP/2386/2024. Testator: Chandrakant Laxmanrao Basrur, died 06.01.2022 at Mumbai; Will dated 11.05.2011 with Codicil dated 15.05.2011, in English. Petitioner-executor: Shyam Bhalchandra Basrur; advocate Sneha Wani Marjadi. Co-executor Sadhana Basrur noticed (order dated 12.02.2025), did not renounce. No Class I heirs under Hindu Succession Act, 1956; citation served on heirs of deceased's brothers and sisters. Attesting witnesses: Survarna Suresh Gokarn and Suresh Nagesh Gokarn. Outcome: petition allowed, probate to issue subject to check for cross petition/caveat.

What did the court decide?

Probate to issue as prayed, after the office verifies whether any cross petition or caveat is filed. ¶10

Shyam Bhalchandra Basrur vs Chanrakant Laxmanrao… — Succession and Inheritance | Bombay HC (2025)

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SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16^th April, 2025

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CALLED FOR HEARING :

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2 TP/2386/2024

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Ms. Sneha Wani Marjadi, 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 alongwith Codicil of deceased filed by petitioner namely Shyam Bhalchandra Basrur being one of the Executors named under the Will of deceased. The deceased namely Chandrakant Laxmanrao Basrur said to have died at Mumbai on 06.01.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

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The deceased left behind his last Will and Testament which was duly executed at Mumbai on 11.05.2011 and Codicil was duly executed on 15.05.2011. The said Will as well as Codicil are in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. As per order dated 12.02.2025 passed by this Hon’ble Court, Notice was issued to the co-executor namely Sadhana Basrur as she did not came forward to renounce her rights as Executrix therefore, objection raised by the Registry was dispensed with.

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Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased had no legal heirs under Class I as per the provisions of Hindu Succession Act, 1956. Deceased had two brothers and three sisters. Legal heirs of those brothers and sisters are mentioned in para No. 6 of the petition. The legal heirs have been served with the citation and Affidavit to that effect dated 30.09.2024 and 17.10.2024 are filed. There are no other legal heirs.

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Petitioner's oath is filed. Affidavits of Survarna Suresh Gokarn and Suresh Nagesh Gokarn both dated 17.10.2022 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 02.08.2024 are 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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16.04.2025

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SLG

Shyam Bhalchandra Basrur v. Chanrakant Laxmanrao Basrur (Deceased)

Case brief

What is this about?

What did the court decide?

Shyam Bhalchandra Basrur v. Chanrakant Laxmanrao Basrur (Deceased)

Case brief

What is this about?

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