Allowed¶11

Chandni Bharat Dharra v. Bharat Jamnadas Dharra

Bombay HC5 Feb 2025TP/2999/2024

Case brief

AI extract

What is this about?

probate; testamentary petition; TP/2999/2024; WILL/1202/2024; last Will and Testament; Executor; Chandni Bharat Dharra; Bharat Jamnadas Dharra; death at Mumbai 17.09.2012; Will executed and registered 03.07.2012 and 04.07.2012; Hindu Succession Act 1956; heirship certificate; limitation period; delay condoned; Consent Affidavits of daughter and son; attesting witness Deepak Sadhumal Punjabi; General Citation; Cross Petition; Caveat; Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master; decision date 05.02.2025.

What did the court decide?

Probate of the Last Will and Testament of the deceased granted to the Petitioner as Executor named under the Will; Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed. ¶11

Chandni Bharat Dharra vs Bharat Jamnadas Dharra — Succession and Inheritance | Bombay HC (2025)

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ary

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Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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Date : 05^th February, 2025.

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CALLED FOR HEARING:

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TP/2999/2024 [Original] (ECHCBM02041832023) with WILL/1202/2024

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) Mr. Akhil Nair i/b Devendra Dandwani, Advocate ) for the Petitioner. ) ) ) ) ) P.C.: 1. Perused Petition which is filed online. ) Heard Ld. Advocate for the Petitioner. This ) ) Petition is for Probate of Last Will and ) Testament of the deceased filed by the ) Petitioner Chandni Bharat Dharra being the ) Executor named under the Will of the ) ) deceased. Deceased Bharat Jamnadas Dharra, ) said to have died at Mumbai on 17.09.2012. ) Copy of death certificate is annexed to the ) Petition. For identification proof of the ) ) deceased, copy of Aadhar Card is annexed to ) the Petition. ) ) 2. Mr. Nair, Advocate for the Petitioner ) ) submits that deceased left behind him last Will ) and Testament which was duly executed and ) registered at Mumbai, on 03.07.2012 and ) 04.07.2012 respectively. The said Will is in ) English language. ) ) ) 3. Mr. Nair, Advocate for the Petitioner submits ) that deceased was governed under the Hindu ) Succession Act 1956. It is submitted that the ) parents of the deceased pre-deceased the ) deceased. There are no other son and ) ) daughter. Save and except as mentioned in ) para – 10, there are no other legal heirs left by ) the deceased. The Ld. Advocate for the ) Petitioner submits that though the deceased )

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Mr. Nair, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 03.07.2012 and 04.07.2012 respectively. The said Will is in English language.

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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passed on 07.09.2012, the cause of action to file the present Petition arose on 03.05.2023 when the Petitioner had demanded heirship certificate for sale of the property which belong to the deceased. Therefore, the present Petition is filed within the limitation period prescribed by law. Delay Condoned. Thus, the delay is explained.

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Petitioner’s Oath is filed. Consent Affidavits of daughter and son of the deceased as mentioned in para – 10 are on record. Affidavit of Deepak Sadhumal Punjabi, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. 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 or Caveat is filed.

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Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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05.02.2025

Chandni Bharat Dharra v. Bharat Jamnadas Dharra

Case brief

What is this about?

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Chandni Bharat Dharra v. Bharat Jamnadas Dharra

Case brief

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