Bombay High Court
Bharati Shah vs Hiraben Kheraj Furiya (Deceased) on 19 January, 2021
Author: G.S. Patel
Bench: G.S. Patel
CORAM: G. S. PATEL J. I
Date: t (' I!) J <~~- (~-; ~2--
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
IESTp...M ENTAF.1SUIT NO. 182 of2015
IN
-rESTf\t<'\6NThf~.:Y PETITION NO. 343 of2015
Bharati Shah Alias
Bharati Kheraj Furia Petitioner
Vis
Mr. Ramnik Kheraj Furia and
Mr. Devchand Kheraj Furia Caveators
CONSENT TERMS BETWEEN THE PETITIONER AND THE CAVEATORS
1.The Deceased Mrs. Hiraben Kheraj Furia (lithe said Deceased") died at Mumbai, on 28thFebruary, 2014 leaving behind three children as her .fr..:
1 II~ _ only legal heirs ~r wedlock, (i) Mr. Ramnik Kheraj Furia, (ii) Mr. Devchand Kheraj Furia (hereinafter collectively called as "Caveators") and (iii) Mrs. Bharati Furia, the Petitioner herein, all three persons hereinafter referred to as 'the legal heirs'. The Husband of the deceased had already pre-deceased the deceased.
2. The Petitioner had filed the Petition No. 343 of 2015 for grant of Probate in respect of certain debts belonging to the abovenamed Deceased, in this Hon'ble High Court, Mumbai as per the last Will and Testament of the Deceased dated 17th July 2010 (hereinafter lithe said Will").
3. The Caveators and the Petitioner do hereby confirm and declare that the three of them are the only other legal heirs of the deceased. The Caveators had initially filed Caveat No.253 of 2015 and Caveat No.159 I ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 ::: 2-.
of 2016 on 2nd September, 2015 challenging the said Will and objecting to the grant of Probate in favour ;fthe Petitioner.
4. The Caveators now no longer wish to contest the above Suit and j or object in any manner for the grant of Probate in favour of the Petitioner and accordingly agree, confirm and undertake to withdraw their respective aforesaid Caveat Nos. 253 of 2015 and 159 of 2016 and their respective Affidavits in support thereof and any jail other applications thereto filed by them and for that purpose have simultaneously executed herewith their respective Consent /rffidavits in the form and manner as required for giving their unconditional consent for the grant of Probate in favour of the Petitioner without service of any citation upon them. Copies of the said Consent Affidavits are annexed hereto as ANNEXURES 'L'and '2' respectively.
5. The Caveators have stated in the said Consent Affidavits that they have seen a copy of the said Will and acknowledge, agree and confirm that the said Will is a registered document and executed at the time their mother was of sound mind and therefore do not wish to pursue the present Suit as stated aforesaid.
6. The Caveators have no quarrel with the contents of the said Will and the manner of execution.
7. The Caveators do hereby give their full and free consent in favour of the abovenamed Petitioner and pray that the probate, as prayed for therein, in respect of certain debts belonging to the said Deceased may be granted in their favour without service of any Citation j Notice upon them and without any surety being.justified for their share in the estate left by the Deceased.
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8. The Parties hereto thus agree that probate be granted in terms of the Petition No. 343 of 2015 as prayed for, and draft decree be dispensed with.
Dated this _k_th day of January, 2021 \'b~~''o~ 'f{vv..
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Bharati Shah Alias Haresh Mehta & Co.
Bharati Kheraj Furia Advocates for the Petitioner
(Petitioner)
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Mr. Ramnik Kheraj Furia AkshayPetkar
(Caveator No.1) Advocate for both Caveators
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Mr. Devchand Kheraj Furia
(Caveator No.2)
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IN THE HIGH COURT OF JUDICATURE AT BOMB TESTAMENTARY AND INTESTATE JURISDICTH I~STArv16NTAR.Y SUIT NO.182 of2015 IN TtSTAM~ETITION NO. 343 of2015 Bharati Shah Alias Bharati Kheraj Furia Petitione v/s Mr. Ramnik Kheraj Furia and Mr. Devchand Kheraj Furia Caveator:
CONSENT TERMS BETWEEN THE PETITIONER 1THE CAVEATORS Dated this it.*day of January: 2021 Haresh Mehta & Co.
Advocates for the Petitioner 107, 1st Floor, Gundecha Chambers, N. M. Road, Fort, Mumbai 400001 Tel: 22851291-921 Mob: 98201 74128.
Email: [email protected] Advocate Code: 158 ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 ::: l WILL NO. 129 of 2015 IN THE HIGH COURT OF JUDICATURE AT BOMBAY T BOMBfl TESTAMENTARY AND INTESTATE JURISDICTION ISDICTIOI T£STf\t'lENTAiZ Y SUIT NO. 182 of 2015 IN 'r=sTA(V(tNTAR. 't PETITION NO. 343 of 2015.
Petition for Frobate of the Last Will and 'etitiorier Testament of Hiraben Kheraj Furia alias Hiraben K. Furia Hindu Indian Inhabitant of Mumbai, a Widow, Occupation: Retired, who was last residing at the time of her death at Kinjal Heights, 604, 6th Floor, A-
Wing, VJadia Street, Tardeo, Mumbai-400
[ONERA1 034 Deceased
21
Bharati Shah Alias )
Bharati Kheraj Furia Aged 53 years, )
Occupation: Homemaker, )
Hindu Indian Inhabitant of Mumbai )
Residing at Kinjal Heights, 604, 6th Floor, )
A- Wing, Wadia Street, Tardeo, Mumbai 400034. ) Petitioner
~
Vis
Mr. Ramnik Kheraj Furia )
Aged 70 years, Hindu Indian Inhabitant )
rs, of Mumbai Residing at 1901, )
1
128. Royal Palace, Pith Wala Road, )
Opposite Sai Baba Mandir, Elphiston (West )
Mumbai-400 013 ) }}' Caveator
I ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 :::
I
.. .
CONSENT AFFIDAVIT OF LEGAL HEIR
I, Ramnik Kheraj Furia of Mumbai Hindu Indian Inhabitant residing at
1901,Royal Palace, Pith Wala Road, Opposite Sai Baba Mandir,
.~
Elphistofi...;4
A
(West), Mumbai-400 013 do hereby solemnly say and affirm as follows:
1. That I am aware that the above named Deceased Hiraben Kheraj Furia ("the said Deceased") died at Murnbai, on 28th February, 2014.
2. That I am also aware that the abovenamed Petitioner has filed the above Petition No. 343 of 2015 for grant of Probate in respect of certain debts belonging to the abovenamed Deceased, in this Hon'ble High Court, Mumbai.
3. I am one of the sons of the Deceased and as such one ~.fthe legal heirs of the Deceased and I had filed Caveat No. 253 of 2015 on 2nd September, 2015 challenging the last Will and Testament of the Deceased dated I-._ 17th July 2010 and objecting to the grant of Probate in favou-r of the Petitioner.
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4. I state that I no longer wish to contest the grant of Probate in favour of the Petitioner and wish to withdraw the aforesaid captioned Caveat No. 253 of 2015 and the Affidavit in support thereof filedby me.
5. I state that at the time of filing the Affidavit in support of the Caveat dated 2nd September, 2015 I had not seen the Will dated 17th July 2010 (the "said Will") and infact said so in my Affidavit in support of the Caveat dated 2nd September, 2015.
6. I have since then seen the said Will. It is a registered document and executed at the time my mother was of sound mind. ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 :::
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7. I state that I have no quarrel with the contents of the said Will and the .g at
-<' /l~~' /;Y'::~ \ stoft- .~'I. :~~I I -"~~ manner o. execution.
That.T, beihg the Son of the said Deceased do hereby give my full and free consent in favour of the abovenamed Petitioner and pray that the .. ~(, probate, as prayed for therein, in respect of certain debts belonging to 'uria the said Deceased may be granted in my favour without service of any Citation / Notice upon me and without any surety being justified for my bove share in the estate left by the Deceased.
lebts
ourt, Solemnly affirmed at Bombay )
Aforesaid th~,J_ day of Jan0ary, 2021 )
irs of Before me,
nber,
)f the
Adv. Akshay Petkar
1103. 11th Floor. Ramnimi Fort, (
Cawasji Patel Street, Fort, Mumbal - 41)00, +91-22-79697"4< mr of info@petkilrl,:. ;"1 at No. dated D (the .aveat it and ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 ::: I It-
IN THE HIGH COURT OF JUDICATURE AT BOMI TESTAMENTARY AND INTESTATE JURISDICTI Tf:.Si1\MGNTAlty SUIT NO. 182 of2015 IN Tf-STAMfl'ffAR..Y PETITION NO. 343 of 2015 Bharati Shah Alias Bharati Kheraj Furia Petitione Vis Mr. Ramnik Kheraj Furia and Mr. Devchand Kheraj Furia Caveator CONSENT AFFIDAVIT OF RAMNIK KHERAJ FUF Dated this 4~ay of January 2021 Haresh Mehta & Co.
Advocates for the Petitioner 107, 1st Floor, Gundecha Chambers, N. M. Road, Fort, Mumbai 400001 Tel: 22851291-92 I Mob: 98201 74128.
Email: [email protected] Advocate Code: 158 ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 ::: ·13 WILL NO. 129 of 2015 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TBOMBA TESTAMENTARY AND INTESTATE JURISDICTION ISDICTlor TESTAM6NTI\((,.Y SUIT NO. 182 of 2015 IN nST"""fl'lT1\f(._Y PETITION NO. 343 of 2015.
Petition for Probate of the Last Will and 'etitioner Testament of Hiraben Kheraj Furia alias Hiraben K. Furia Hindu Indian Inhabitant .aveators of Mumbai, a Widow, Occupation: Retired, who was last residing at the time of her death at Kinjal Heights, 604, 6th Floor, A-
"Wing, Wadia Street, Tardeo, Mumbai-400 RAJ FURIJ 034 Deceased 21 Bharati Shah Alias ) Bharati Kheraj Furia Aged 53 years, ) Occupation: Homemaker, ) Hindu Indian Inhabitant of Mumbai ) Residing at Kinjal Heights, 604, 6th Floor, ) A- Wing, Wadia Street, Tardeo, Mumbai 400034. ) Petitioner Vis Mr. Devchand Kheraj Furia ) irs, Aged 67 years, Hindu Indian Inhabitant ) )1 U28. ofMumbai Residing at Cit 2/321 ) Maniar Building, Tardeo Road, ) Mumbai-400 043 ) }}' Caveator I ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 ::: CONSENT AFFIDAVIT OF LEGAL HEIR I, Devchand Kheraj Furia of Mumbai Hindu Indian Inhabitant residing at Cl, 2/32, Maniar Building, Tardeo Road, Mumbai- 400034 do hereby solemnly say and affirm as follows:
1. That I am aware that the abovenamed Deceased Hiraben Kheraj Furia ("the said Deceased") died at Mumbai, on 28th February, 2014.
2. That I am also aware that the abovenamed Petitioner has filed the above Petition No. 343 of 2015 for grant of Probate in respect of certain debts belonging to the abovenamed Deceased, in this Hon'ble High Court, Mumbai.
3. I am one of the sons of the Deceased and as such one of the legal heirs of the Deceased and I had filed Caveat No. 159 of 2016 on 2nd September, I 2015 challenging the last Will and Testament of the Deceased dated 17th July 2010 and objecting to the grant of Probate in favour of the Petitioner.
4. I state that I no longer wish to contest the grant of Probate in favour of the Petitioner and wish to withdraw the aforesaid captioned Caveat No. 159 of 2016 and the Affidavit in support thereof filed by me.
'·11
5. I state that at the time of filing the Affidavit in support of the Caveat dated 2nd September, 2015 I had not seen the Will dated 17th July 2010 (the "said Will") and infact said so in my Affidavit in support of the Caveat dated 2nd September, 2015.
I have since then seen the said Will. It is a registered document and executed at the time my mother was of sound mind .
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7. I state that I have no quarrel with the contents of the said Will and the
siding at manner of execution.
olemnly 8. That, I, being the Son of the said Deceased do hereby give my full and .~~>~\ free consent in favour of the abovenamed Petitioner and pray that the ">: 11 ~~\;\,~ ".' probate, as prayed for therein, in respect of certain debts belonging to ,\\yVI i «.
.,' ,iii} the said Deceased may be granted in my favour without service of any
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'aj Furia :_(~ ~'
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;;:;~- :~:;/'. Citation / Notice upon me and without any surety being justified for my
share in the estate left by the Deceased. Ie above in debts Solemnly affirmed at Bombay ) h Court, Aforesaid thie_1 ~fl91Juary, 2021 ) Before me, heirs of
-, c:'1r-::-' , itember, ,.
Adv. Akshay Petkar ~d dated 1103. 11th Floor. Ran •• Fort.
tr of the Cawaaji Patel Street. Fort. Mumbai - 400001 +91-22-79692545 6,~:\ 0 j 'I ]JL l info@petkarlegalcom . / .,) w ~",~,Io.
_,.i. _~,,_-,-~ AJv.
avour of veat No. .at dated 010 (the - 'J ' e Caveat NOTARIAL lent and ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 ::: IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION nSThMbNTA~Y SUIT NO. 182 of2015 IN
-rES7AMfmA~PETITION NO. 343 of2015 Bharati Shah Alias Bharati Kheraj Furia Petitioner Vis Mr. Ramnik Kheraj Furia and Mr. Devchand Kheraj Furia Caveators CONSENT AFFIDAVIT OF DEVCHAND KHERA Dated this t,~ay of January 2021 Haresh Mehta & Co.
Advocates for the Petitioner 107, 1st Floor, Gundecha Chambers, N. M. Road, Fort, Mumbai 400001 Tel: 22851291-g21 Mob: 98201 74128.
Email: [email protected] Advocate Code: 158 ::: Uploaded on - 28/01/2021 ::: Downloaded on - 08/02/2021 05:49:59 :::