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Bombay High CourtTP/1430/2024grant issued

Arvind Mulji Kariya v. Punshi Deshar Rambhia (Deceased)

2024-07-30Shri. 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 July 2024.

CALLED FOR COMPLIANCE :

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12. TP/1430/2024 [Original] (ECHCBM02195022023) Mr. Prabhu Velar i/b Prem Tanna, 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 Arvind Mulji Kariya, being the Sole Executor named under the Will of the deceased. Deceased Punshi Deshar Rambhia alias Babubhai Desar Rambhiya alias Poonshi Deshar Rambhia alias Punshi Desar Rambhiya, said to have died at Mumbai on 23.02.2023. 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. Velar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 24.01.2023. The said Will is in English language.

3. Mr. Velar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the said deceased have predeceased the said deceased. The Deceased was survived by his Widow, One Son and Two Married Daughters only. The deceased had no other Son and no other Daughter. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of widow, son and two married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Velji Kheraj Shah, 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.

30.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master