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Bombay High CourtTP/376/2024grant issued

Sanjit Sadanand Kotian v. Sadanand Appaya Kotian (Deceased)

2024-10-04Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th October, 2024 CALLED FOR DIRECTION:

21. TP/376/2024 Mr. Janardhan T. Mulki, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02155012023) with WILL/161/2024 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 Sanjit Sadanand Kotian, being one of the Executors named under the Will of the deceased. Deceased Sadanand Appaya Kotian alias Sadanand A. Kotian alias S. A. Kotian said to have died at Mumbai on 01.11.2021. 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. Mr. Mulki, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 04.07.2021. The said Will is in English language.

3. Mr. Mulki, 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. That the deceased have no other daughters and no other Sons. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. The Other executrix Geeta Sadanand Kotian has filed her affidavit dated 04.09.2024 renouncing her rights as executrix. Consent Affidavits of widow and daughter of the deceased as mentioned in para 8 are on record. Affidavit of Jayantilal Gandhi, 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 04.10.2024