Bombay High CourtTP/255/2024grant issued

Munjal Dhirendra Maniar v. Dhirendra Manganlal Maniar (Deceased)

2024-02-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th February, 2024.

CALLED FOR COMPLIANCE:

42. TP/255/2024 [Original] (ECHCBM02210112023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, 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 Munjal Dhirendra Maniar, being the Sole Executor named under the Will of the deceased. Deceased Dhirendra Maganlal Maniyar, said to have died at Mumbai on 08.06.2022. 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. Mr.

Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 25.08.2015. The said Will is in English language.

3. Mr.

Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased predeceased the deceased. The deceased died leaving behind widow, one son and two daughters. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

Consent Affidavits of widow and two daughters of the deceased as mentioned in para - 8 are on record.

Affidavits of Chandan Suresh Chandarana and Jasu Jitendra Vyas, both the attesting witnesses to the Will are 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 26.02.2024