Dharampalsingh Bhagwantsingh Bindra vs Bhagwantsingh Bindra — Bombay HC (2026) — LawSathi Research

Dharampalsingh Bhagwantsingh Bindra vs Bhagwantsingh Bindra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to move for listing the matter on compliance of the requisition stated in Bold hereinabove (Advocate to take steps regarding availability of the original attesting witnesses at the addresses mentioned in the Will); probate not yet granted at this hearing stage.

Issue for consideration

Whether probate may be granted of the last Will and Testament of the deceased Bhagwantsingh Bindra (executed at Mumbai on 29.03.1987), the petitioner Dharampalsingh Bhagwantsingh Bindra being the sole Executor named under the Will. +2 more

Court's answer

The petitioner's Affidavit dated 24.11.2025 for non-availability of identification proof of the deceased is accepted.

Ratio / Principle

Since the petitioner's affidavit dated 09.12.2025 does not state whether the original attesting witnesses are available at the addresses mentioned in the Will, the Advocate is to take steps accordingly.

Key takeaways

The delay in filing the Affidavit of Service of General Citation dated 29.01.2026 is explained and condoned.ratio¶14
Liberty is granted to move for listing the matter on compliance of the requisition stated in Bold hereinabove (the steps to be taken regarding the attesting witnesses).ratio¶15

Detailed headnote1 paragraphs

Probate petition (21 TP/10/2026, E-filing, WITH WILL/15/2026) relating to the last Will and Testament of Bhagwantsingh Bindra, duly executed at Mumbai on 29.03.1987; the testator died at Mumbai on 02.12.1995. Petitioner Dharampalsingh Bhagwantsingh Bindra is the sole Executor appointed under the Will; Schedule I to the petition mentions one immovable property referred to in the Will. At the 'Called for Hearing' stage before Mrs. Kavita Y. Ambekar, Company Registrar / Testamentary Registrar (25.03.2026): the petitioner's affidavit dated 24.11.2025 for non-availability of identification proof of the deceased was accepted; parents and wife of the deceased predeceased him, and all legal heirs other than the petitioner (surviving son, daughter, daughter-in-law, four grandsons, one granddaughter) gave consent affidavits, there being no other legal heirs; the petitioner's oath was filed; an affidavit of John Abraham Thomas dated 24.11.2025 was filed in compliance of Rule 384 of the Bombay High Court (Original Side) Rules, 1980; and the Affidavit of Service of General Citation dated 29.01.2026 was filed, the delay being explained and condoned. Requisition: the petitioner's affidavit dated 09.12.2025 does not state whether the original attesting witnesses are available at the addresses mentioned in the Will; the Advocate was directed to take steps accordingly, with liberty to move for relisting on compliance. Probate was not granted at this stage.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25^th March, 2026

CALLED FOR HEARING :

21 TP/10/2026 (E-filing) WITH

WILL/15/2026

Ms. Dhara Sangani, Advocate for petitioner

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 Dharampalsingh Bhagwantsingh Bindra being Executor named under the Will of deceased. The deceased namely Bhagwantsingh Bindra died at Mumbai on 02.12.1995. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 24.11.2025 for non-availability of identification proof of deceased which is annexed to the petition. The same is accepted.

The deceased left behind his last Will and Testament which was duly executed at Mumbai on 29.03.1987. The said Will is in English language. The 2^nd para of page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The Schedule I annexed to the petition mentioned one immovable property which is referred in the Will.

Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One son of deceased namely Pritpal died leaving behind his widow and two sons. One daughter of deceased namely Harsimran died leaving behind her husband and two sons. Another daughter of deceased namely Harjeet Kaur died leaving behind her husband and one daughter. Deceased is survived by one son, one daughter, one daughter-in-law, four grandsons, one granddaughter. Out of them son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

Petitioner's oath is filed. Petitioner has filed Affidavit dated 09.12.2025 stating therein that petitioner is not aware about the whereabouts of the original Attesting Witness to the Will, the names and address are mentioned in the Will. It is not stated in the said Affidavit whether the original Witnesses are available at the said addresses mentioned in the Will or not. Hence, Advocate to take steps accordingly .

….2

SLG

-- 2 --

Petitioner has filed Affidavit of one John Abraham Thomas dated 24.11.2025 in compliance of Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 29.01.2026 is filed. Delay is explained and the same is condoned.

Liberty to move for listing the matter on compliance of requisition stated in Bold hereinabove.

25.03.2026

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR