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Bombay High CourtTP/1159/2024grant issued

Navinchandra Govindji Ashar v. Vijaysinh Govindji Ashar (Deceased)

2024-08-13Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th August 2024.

CALLED FOR COMPLIANCE :

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12. TP/1159/2024 [Original] (ECHCBM02112882023) with WILL/408/2024 Mr. Sushil Inamdar i/b Ajit Shrikhande, Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Navinchandra Govindji Ashar and Rajni Navinchandra Ashar being the Executors named under the Will of the deceased. Deceased Vijaysinh Govindji Ashar alias Vijay Ashar alias V. G. Ashar, said to have died at Dombivali on 20.04.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Inamdar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Neral, on 18.07.2017. The said Will is in English language.

3. Mr. Inamdar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased pre-deceased the deceased. The deceased was divorcee. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed. The other Executor Pranav Navinchandra Ashar has filed Affidavit dated 12.01.2024 reserving his right

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) as Executor. Consent Affidavit of son of the deceased as mentioned in para - 10 is on record. Consent Affidavit dated 01.09.2023 of Charu Ashar, ex-wife of the deceased is on record. Affidavit of Bhoomika D Pandhare, 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.

13.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master