Atul Bhagwandas Kapadia v. Urmi Bhagwandas Sampat (Deceased)

Bombay HC4 Jan 2025TP/5964/2024

Case brief

AI extract

What is this about?

Probate; testamentary petition; TP/5964/2024; Will executed 20.05.2022; testatrix Urmi Bhagwandas Sampat died 20.10.2023 at Mumbai (spinster); petitioner-executor Atul Bhagwandas Kapadia; co-executor renunciation by Bhupendra Babubhai Lakadawala (22.11.2024); attesting witnesses Bhupen Surendra Sampat and Archan Suketu Modi; general citation served (03.03.2025); consent affidavits of sister-in-law and three nieces; no cross petition or caveat; petition granted 18.09.2025.

What did the court decide?

Probate of the last Will and Testament of the deceased to be issued to the petitioner as executor named under the Will, after verification that no cross petition or caveat is filed. ¶¶9

Atul Bhagwandas Kapadia vs Urmi Bhagwandas Sampat (Deceased) — Bombay HC (2025) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18^th September, 2025

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CALLED FOR HEARING :

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25 TP/5964/2024 (E-filing)

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Mr. Mangesh Parte, 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 Atul Bhagwandas Kapadia being one of the Executors named under the Will of deceased. The deceased namely Urmi Bhagwandas Sampat died at Mumbai on 20.10.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copyof 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 20.05.2022. The said Will is in English language. The Para No. 16 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Bhupendra Babubhai Lakadawala has renounced his rights to act as an Executor and Affidavit dated 22.11.2024 is filed to that effect.

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Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had two brothers. One brother of deceased namely Arvind died leaving behind his widow and three daughters. Deceased was survived by one brother, one sister-in-law and three nieces. Out of them brother is petitioner herein and the sister-in-law and three nieces 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 Bhupen Surendra Sampat dated 28.10.2024 and Archan Suketu Modi dated 01.11.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 03.03.2025 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 / TESTAMENTARY REGISTRAR

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18.09.2025

Atul Bhagwandas Kapadia v. Urmi Bhagwandas Sampat (Deceased)

Case brief

What is this about?

What did the court decide?

Atul Bhagwandas Kapadia v. Urmi Bhagwandas Sampat (Deceased)

Case brief

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