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Bombay High CourtTP/253/2024grant issued

Nailesh Mohanlal Kadakia v. Ramesh Ambalal Gandhi

2024-04-05S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th April, 2024.

CALLED FOR COMPLIANCE :

30. TP/253/2024 (ECHCBM02158622023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vinaya Vaman Supe, Advocate 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 Nailesh Mohanlal Kadakia, being the Sole Executor named under the Will of the deceased. Deceased Ramesh Ambalal Gandhi, said to have died at Mumbai, on 19.10.2020.

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. Vinaya Vaman, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.06.2014. The said Will is in English language.

3. Ms. Vinaya Vaman, 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. The wife of the deceased namely Renuka Ramesh Gandhi predeceased the deceased on 10.10.2020. "EXHIBIT - "C" to the Petition is the copy of death certificate of the wife of the deceased. The said deceased had two sons and had no daughter.

Save and except as mentioned in para - 6, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of both the sons of the deceased as mentioned in para - 6 are on record. Affidavit of Nailesh Mohanlal Kadakia, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the 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 05.04.2024