Allowed¶9

Mahendra Nautamlal Gandhi and Anr. v. Bhanumati Nautamlal Gandhi (Deceased)

Bombay HC31 Jan 2025TP/252/2025

Case brief

AI extract

What is this about?

Probate granted by Company Registrar / Testamentary Registrar (Mrs. K. Y. Ambekar) on 25.03.2025 in E-filed testamentary petition 18 TP/252/2025; Will executed 31.03.2009 at Mumbai by testatrix Bhanumati Nautamlal Gandhi (died 10.03.2013); petitioners are executor sons Mahendra and Virendra Nautamlal Gandhi; counsel Jyoti Badgujar i/b. Lakdwala and Co.; attesting witness Urvashi Ajay Meghani affidavit dated 20.12.2024; general citation service affidavit dated 05.02.2025; consent affidavits of remaining legal heirs; no caveator; no statute or precedent cited.

What did the court decide?

Probate of the Will as prayed, subject to Office verification of any cross petition or caveat. ¶9

Mahendra Nautamlal Gandhi and Anr. vs Bhanumati Nautamlal Gandhi (Deceased) — Bombay HC (2025) — LawSathi Research

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SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25^th March, 2025

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CALLED FOR HEARING :

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18 TP/252/2025 (E-filing)

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Ms. Jyoti Badgujar i/b. Lakdwala and Co., 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 Mahendra Nautamlal Gandhi and Virendra Nautamlal Gandhi both being Executors named under the Will of deceased. Deceased namely Bhanumati Nautamlal Gandhi alias Bhanumati N. Gandhi alias Bhanumati Gandhi said to have died at Mumbai on 10.03.2013. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

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Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 31.03.2009. The said Will is in English language.

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Ld. Advocate for petitioner submits that deceased had husband, two sons and three daughters. Husband of deceased since deceased the deceased who died on 19.06.2016 and one daughter namely Veena Dhitendra Badani since deceased the deceased who died on 14.04.2022. The said daughter died leaving behind her husband, one son and one daughter. Mother of her husband predeceased the deceased. Deceased was survived two sons, two daughters, one son-in-law, one grandson and one granddaughter. Out of them both the sons are petitioners herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Urvashi Ajay Meghani dated 20.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.02.2025 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 / 25.03.2025 TESTAMENTARY REGISTRAR

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SLG

Mahendra Nautamlal Gandhi and Anr. v. Bhanumati Nautamlal Gandhi (Deceased)

Case brief

What is this about?

What did the court decide?

Mahendra Nautamlal Gandhi and Anr. v. Bhanumati Nautamlal Gandhi (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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