Allowed¶10

Hemant Kumar Bholanath Jaiswal v. Sushila Devi Bholanath Jaiswal (Deceased)

Bombay HC12 Mar 2025TP/377/2024

Case brief

AI extract

What is this about?

Probate granted: TP 23/377/2024, order dated 15.04.2025 by Company Registrar / Testamentary Registrar Mrs. K. Y. Ambekar. Sole executor Hemant Kumar Bholanath Jaiswal obtained probate of the Hindi Will dated 08.11.2016 of Sushila Devi Bholanath Jaiswal (died Mumbai 26.09.2019). Attesting witnesses Samir Vakharia and Ramesh J. Thakker; heirs of predeceased daughter Ushakiran Amarchand Jaiswal served via Bailiff; consents of married daughters on record. Petition allowed; probate to issue subject to verification of no caveat or cross petition.

What did the court decide?

Grant of probate of the last Will and Testament of the deceased to the petitioner as sole Executor; Office to issue probate as prayed after verifying that no cross petition or caveat is filed. ¶10

Hemant Kumar Bholanath Jaiswal vs Sushila Devi Bholanath Jaiswal (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: 15^th April, 2025

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CALLED FOR HEARING :

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23 TP/377/2024 (E-filing)

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Mr. Prayag Bharat Joshi, 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 petitioner namely Hemant Kumar Bholanath Jaiswal being sole Executor named under the Will of deceased. The deceased namely Sushila Devi Bholanath Jaiswal said to have died at Mumbai on 26.09.2019. 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 her last Will and Testament which was duly executed at Mumbai on 08.11.2016. The said Will is in Hindi language and official translation is filed separately through e-filing. The Para No. 12 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

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Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son and four married daughters. One married daughter of deceased namely Ushakiran Amarchand Jaiswal died on 12.08.2021, leaving behind two sons and one married daughters. Out of them son is petitioner herein and all married daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. Legal heirs of deceased married daughter of deceased have been served through Bailiff from the office of Sheriff, Mumbai and Affidavit of Service of Bailiff dated 14.03.2024 is filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Samir Vakharia and Ramesh J. Thakker both dated 03.10.2023 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 20.03.2024 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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15.04.2025

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SLG

Hemant Kumar Bholanath Jaiswal v. Sushila Devi Bholanath Jaiswal (Deceased)

Case brief

What is this about?

What did the court decide?

Hemant Kumar Bholanath Jaiswal v. Sushila Devi Bholanath Jaiswal (Deceased)

Case brief

What is this about?

What did the court decide?

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What the court decided

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