Bombay High CourtTP/5/2024grant issued

Sanyogita Mudit Nagpal v. Pramod Gajanan Churi Alias Pramod G. Churi Alias Pramod Churi (Deceased)

2024-04-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th April, 2024.

CALLED FOR COMPLIANCE :

28. TP/5/2024 (ECHCBM02185832023) WITH WILL/3/2024 Ms. Jyoti Badgujar i/b Mr. Lakdawala & Co., Ld. Advocate for the petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioner Sanyogita Mudit Nagpal, being one of the Executrix named under the Will of the deceased. Deceased Pramod Gajanan Churi alias Pramod G. Churi alias Pramod Churi, said to have died at Mumbai on 15.01.2023.

Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Ms. Jyoti Badgujar, Advocate for Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.05.2022. The said Will is in English language.

3. Ms. Jyoti Badgujar, Advocate for Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that mother of the deceased predeceased the deceased. Wife of the deceased died on 03.03.2023 and Exhibit "D" to the petition is a copy of her death certificate. Deceased died leaving behind widow and one son and one daughter. Save and except as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The another Executor Mudit Radheshyam Nagpal has filed Affidavit dated 11th October, 2023 reserving his rights as Executor. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of Akhtar Adamji Peerbhoy, one of the attesting witness to the Will is also filed. Affidavit of service of General Citation is filed. All the other Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.04.2024