Bombay High CourtTP/486/2024grant issued

Nita Nilesh Topiwala v. Nilesh Ramanlal Topiwala Alias Nilesh R. Topiwala (Deceased)

2024-07-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th July 2024.

CALLED FOR COMPLIANCE :

24. TP/486/2024 (ECHCBM02058042023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. R. K. Shetty i/b Smit K. Nagda, 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 the Petitioner Nita Nilesh Topiwala, being the Sole Executrix named under the Will of the deceased. Deceased Nilesh Ramanlal Topiwala alias Nilesh R. Topiwala, said to have died at Leicester, United Kingdom on 26.05.2022.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Shetty, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Leicester, United Kingdom on 18.01.2021. The said Will is in English language.

3. Mr. Shetty, 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 deceased had only two daughters and no son. Save and except as mentioned in para - 8, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of two unmarried daughters of the deceased as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 8 are on record. Affidavit of Yagnesh Pandya, 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.

11.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master