Bombay High CourtTP/615/2024grant issued

Geeta Mithu Hundalani v. Mithu Ghanshamdas Hundalani (Deceased)

2024-09-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th September 2024.

CALLED FOR COMPLIANCE :

17. TP/615/2024 [Original] (ECHCBM02174642023) with WILL/257/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Santosh Jadhav i/b Neelam Dusija, 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 Geeta Mithu Hundalani, being the Sole Executrix named under the Will of the deceased. Deceased Mithu Ghanshamdas Hundalani, said to have died at Mumbai on 29.06.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Jadhav, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 16.09.2010. The said Will is in English language.

3. Mr. Jadhav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted both the parents of the deceased had predeceased the deceased. The said deceased has no daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of Dinesh Mithu Hundalani, son of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased as mentioned in para - 9 is on record.

There is Affidavit of service 09.09.2024 dated filed by Sheriff's office showing service of citation upon nonconsenting legal heir, Ravi Mithu Hundalani, son of the deceased. Affidavits of Lavina Pankaj Gulati and Mubin Haroon Solkar, both the attesting witnesses to the Will are 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.

24.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master