Bombay High CourtTP/358/2024grant issued

Aarti Naresh Jeswani v. Mira Hariram Jeswani (Deceased)

2024-04-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th April, 2024.

CALLED FOR COMPLIANCE:

69. TP/358/2024 (ECHCBM02205482023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nehal Lathi i/b Divya Sanghvi, 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 Petitioner Aarti Naresh Jeswani, being the Sole Executrix named under the Will of the deceased.

Deceased Mira Hariram Jeswani, said to have died at Mumbai on 20.01.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Will.

2. Ms. Lathi, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 23.05.2010. The said Will is in English language.

3. Ms. Lathi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased predeceased the deceased. The husband of deceased viz.

Hariram Baldevdas Jeswani predeceased the deceased on 09th October, 2005. One son of the deceased viz. Naresh Hariram Jeswani died on 17th July, 2023. There are no other son or daughter left by the deceased. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed. Consent Affidavits of Son and married daughter and daughter (predeceased son) of the deceased as mentioned in para - 9 are on record. Affidavit of Madan B. Jeswani, 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.

30.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master