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Bombay High CourtTP/246/2024grant issued

Vijay Govind Saraiya v. Govind Harilal Saraiya (Deceased)

2024-03-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th March 2024 CALLED FOR DIRECTION:

45. TP/246/2024 (ECHCBM02183812023) with WILL/58/2024 Ms. Panchshila Jogdand a.w, Aparna Sawardekar, Adv. i/b. Sonal Mishal for the Petitioner.

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

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Vijay Govind Saraiya being the sole Executor named under the Will of the deceased. Deceased Govind Harilal Saraiya said to have died at Mumbai on 09.05.2022.

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. Jogdand, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 25.05.2018. The said Will is in English language.

3. Ms. Jogdand, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and Wife of the deceased predeceased the Deceased. Exhibit "D" to the petition is a Copy of Death Certificate of Sushila Govind Saraiya. That the son of the Deceased Son Viz. Kiran Govind Saraiya died as bachelor. The

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

4. Petitioner's Oath is filed. Affidavits of Sangeeta Sinha and Vidyut Parikh, both the attesting witnesses to the Will are 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 27.03.2024