Disposed¶10

Satin Bharat Asher v. Jayant Lal Chetnani

Bombay HC25 Apr 2025TP/587/2024

Case brief

AI extract

What is this about?

Probate compliance order, testamentary petition TP/587/2024; will executed 11.03.2017 at Mumbai; testator Jayant Lal Chetnani died 30.12.2020; sole executor petitioner Satin Bharat Asher; foreign divorce decree of Court of First Instance Number 79, Madrid, Spain (Exhibit E) lacking certified translation; service by newspaper publication on son and daughter, Affidavit 21.10.2024; attesting witness affidavit of Shila B. Ashar 06.10.2023; Affidavit of Service of General Citation not filed; directions to cure defects; praecipe for restoration; petition removed from board 25.04.2025.

What did the court decide?

Registrar directed the advocate to take steps as regards the Affidavit of Service of General Citation, which had not been filed. ¶9

Satin Bharat Asher vs Jayant Lal Chetnani — 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 April, 2025

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CALLED FOR HEARING :

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10 TP/587/2024 (E-filing)

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Mr. Jacob Kadantot, 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 Satin Bharat Asher being sole Executor named under the Will of deceased. The deceased namely Jayant Lal Chetnani died at Mumbai on 30.12.2020. 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 11.03.2017. The said Will is in English language. The Para No. 2 of second page 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 of deceased predeceased the deceased. Deceased had taken divorced from Jayahree Jayant Chetnani. Divorce Decree is annexed to the petition as Exhibit - “E”. The said decree is issued by Court of First Instance, Number 79, Madrid, Spain however, the said decree is required to be certified as true and correct translation. Certified true translation of the decree is not annexed to the petition. Deceased was survived by one son and one daughter who both have been served by newspaper publication and Affidavit dated 21.10.2024 is filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Shila B. Ashar dated 06.10.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation is not filed. Hence, Advocate to take steps as regards Affidavit of Service of General Citation and file Affidavit of true and correct translation of the decree.

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Ld. Advocate for petitioner file praecipe to place on board as ad when all compliance is done in this matter. Remove from board.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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25.04.2025

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SLG

Satin Bharat Asher v. Jayant Lal Chetnani

Case brief

What is this about?

What did the court decide?

Satin Bharat Asher v. Jayant Lal Chetnani

Case brief

What is this about?

What did the court decide?

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