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Bombay High CourtTP/984/2024grant issued

Pradeep Ahuja v. Nitin Krishan Luthra (Deceased)

2024-06-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th June, 2024 CALLED FOR DIRECTION:

1. TP/984/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sanaea Umrigar, Adv. for 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 Pradeep Ahuja s/o Indersain Ahuja, being the sole Executor named under the Will of the deceased. Deceased Nitin Krishan Luthra said to have died at Mumbai on 23.05.2023. 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. Ms. Umrigar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 04.09.1990. The said Will is in English language.

3. Ms. Umrigar, 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 was married to Sumeet Bakshi (nee) on 13th December 1986. The Deceased divorced Sumeet Bakshi (nee) on 11th July 1990. A copy of the Divorce Decree dated 11th July 1990 is annexed to the petition. Out of their wedlock, they had no children. The mother of the Deceased named Late Pushpa Krishna

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Kumar Luthra predeceased the Deceased on 1st November 2020. Exhibit 'A2' to the petition is a copy of Death Certificate dated 17th November 2020 of Late Pushpa Krishna Kumar Luthra, the deceased. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of sister of the deceased as mentioned in para 8 is on record. Affidavit of Anuj Malik, 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 19.06.2024