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Bombay High CourtTP/264/2024grant issued

Shrinivas Pannalal Shivhare v. Pannalal Ramlal Shivhare (Deceased)

2024-09-27Shri. 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 September, 2024 CALLED FOR DIRECTION:

28. TP/264/2024 Ms. Haleema Merchant, Adv. i/b. Jani & Parikh for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02067342023) with WILL/72/2024 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 Shrinivas Pannalal Shivhare and Ramnivas Pannalal Shivhare being the Executors named under the Will of the deceased. Deceased Pannalal Ramlal Shivhare said to have died at Mumbai on 27.05.2022. 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. Merchant, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.09.2018. The said Will is in Hindi language. The Ld. Adv. for the Petitioner has filed Affidavit dated 13.06.2024 for translation of the Will.

3. Ms. Merchant, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The said Deceased had three sons and two daughters.

Save and except as mentioned in para -12,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) there are no other legal heirs and next of kin left by the deceased.

4. Petitioners' Oath are filed. Consent Affidavits of wife, son and two daughters of the deceased as mentioned in para 12 are on record. Affidavit of Kamal Biharilal Wadhwa, 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 27.09.2024