Bombay High CourtTP/48/2024grant issued

Sunil Laxminarayan Nayak v. Prakash Natwerlal Desai Alias Prakash Natwarlal Desai Alias Prakash Natverlal Desai (Deceased)

2024-06-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th June, 2024 CALLED FOR DIRECTION:

47. TP/48/2024 (ECHCBM02204102023) with WILL/18/2024 Ms. Swati S. Mathkar , Adv. i/b. Shirish Mathkar for Petitioners.

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

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Sunil Laxminarayan Nayak and Nita Sanghvi being the Executor/ Executrix named under the Will of the deceased.

Deceased Prakash Natwerlal Desai alias Prakash Natwarlal Desai alias Prakash N atverlal Desai alias Prakash Natvarlal Desai alias Desai P. N., said to have died at Champaran, Champa Jhar, Abhanpur, Raipur, Chhattisgarh on 04.08.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Mathkar, Advocate for the Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 27.06.2018. The said Will is in English language.

3. Ms. Mathkar, Advocate for the Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents of deceased predeceased the deceased. The deceased has

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) no other Son and Daughter. Save and except as mentioned in para -8, there are no other legal heirs or next of kin left by the deceased.

4. Petitioners' Oath is filed. Consent Affidavits of widow, two sons and married daughter of the deceased as mentioned in para 8 are on record. Affidavit of Kalpesh Suresh Dharia, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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 19.06.2024