Allowed¶8

Aruna Chandur Chandiramani v. Chandur Nandiram Chandiramani (Deceased)

Bombay HC14 Feb 2025TP/4157/2024

Case brief

AI extract

What is this about?

Probate of photocopy of last Will and Testament; testamentary petition (TP); sole Executrix; attesting witnesses predeceased; proof through third-party affidavits under Rule 384, Bombay High Court (Original Side) Rules, 1980; dispensation of identification proof of deceased; delay condoned; Affidavit of Service of General Citation; consent affidavits of surviving sons and daughter; Limited Probate; death certificate annexed; Mumbai; Chandiramani.

What did the court decide?

Grant of Limited Probate of the photocopy of the last Will and Testament of the deceased to the petitioner as sole Executrix, as prayed, subject to verification by the Office that no cross petition or caveat is filed. ¶8

Aruna Chandur Chandiramani vs Chandur Nandiram Chandiramani (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶8

Issue for consideration

Whether probate of the photocopy of the last Will and Testament of the deceased should be granted to the petitioner, who is the sole Executrix named under the Will. +2 more

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Court's answer

The last Will and Testament of the deceased was duly executed at Mumbai on 31.10.1996.

¶6

Ratio / Principle

Only one Executrix was appointed under the Will, namely the petitioner.

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Key takeaways

The petitioner's Affidavit dated 07.11.2023 for dispensation of identification proof of the deceased was accepted.ratio¶5
The delay, explained in para No. 11 of the petition, was condoned.ratio¶8
Both attesting witnesses to the Will predeceased (N. G. Sadhwani on 03.11.2013 and D. K. Wadhwani on 25.10.2001), whereupon the petitioner filed Affidavits of third persons Suresh Premchand Malkani and Bharti C. Mirchandani, both dated 08.11.2023, under Rule 384 of the Bombay High Court (Original Side) Rules, 1980.ratio

Detailed headnote1 paragraphs

Testamentary Petition No. 12 TP/4157/2024 (E-filing), decided on 31.07.2025 by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar: Probate granted of the photocopy of the last Will and Testament of Chandur Nandiram Chandiramani, who died at Mumbai on 24.05.2005, the Will having been duly executed at Mumbai on 31.10.1996 in the English language, in favour of petitioner Aruna Chandur Chandiramani, the sole Executrix appointed under Para No. 3 of the Will. Both attesting witnesses predeceased (N. G. Sadhwani died on 03.11.2013; D. K. Wadhwani died on 25.10.2001), and Affidavits of third persons Suresh Premchand Malkani and Bharti C. Mirchandani, both dated 08.11.2023, were filed under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. The petitioner's Affidavit dated 07.11.2023 for dispensation of identification proof of the deceased was accepted; delay explained in para No. 11 of the petition was condoned; Affidavit of Service of General Citation dated 06.01.2025 was filed; and, per counsel's submission recorded in the order, the deceased was survived by two sons and two daughters whose consent affidavits were on record with no other legal heirs. The Office was directed to issue Limited Probate as prayed after verifying whether any cross petition or caveat is filed.

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 31^st July, 2025

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CALLED FOR HEARING :

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12 TP/4157/2024 (E-filing)

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Mr. D. R. Mishra, Advocate for petitioner

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PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Aruna Chandur Chandiramani being sole Executrix named under the Will of deceased. The deceased namely Chandur Nandiram Chandiramani died at Mumbai on 24.05.2005. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 07.11.2023 for dispensation of identification proof of deceased. The same is accepted.

¶6

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 31.10.1996. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein.

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Ld. Advocate for petitioner submits that parents and widow of deceased predeceased the deceased. Deceased was survived by two sons and two daughters. Out of them one daughter is petitioner herein and both the sons and another daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

¶8

Petitioner's oath is filed. As per para No. 12 of the petition, both the Attesting Witnesses to the Will namely N. G. Sadhwani died on 03.11.2013 and Mr. D. K. Wadhwani died on 25.10.2001 therefore, petitioner has filed Affidavit of third persons namely Suresh Premchand Malkani and Bharti C. Mirchandani both dated 08.11.2023 under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 06.01.2025 is filed. Delay is explained in para No. 11 of the petition and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue LIMITED 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

¶11

31.07.2025

Aruna Chandur Chandiramani v. Chandur Nandiram Chandiramani (Deceased)

Case brief

What is this about?

What did the court decide?

Aruna Chandur Chandiramani v. Chandur Nandiram Chandiramani (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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