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Bombay High CourtTP/401/2024grant issued

Neha Vijay Dharia v. Vijay Kalaram Dharia (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:

75. TP/401/2024 (ECHCBM02213762023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, 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 Neha Vijay Dharia, being the Sole Executrix named under the Will of the deceased.

Deceased Vijay Kalaram Dharia alias Vijayprakash Kalaram, Dharia alias Vijayprakash K., Dharia alias Vijay Dharia, said to have died at Mumbai on 02.06.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 28.04.2023. 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 said Deceased had no Son, the mother of Deceased Mrs. Mandakini Kalaram Dharia died at Mumbai on 12-05-2017. Exhibit 'D' to the Petition is a Photo Copy of the Death Certificate and she pre-deceased the deceased. The said deceased died leaving behind widow and two married daughters, both the daughters have not changed their maiden

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) name or surname, whatever stated is true and correct. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of widow and married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Shailesh Bhojak, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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