Kishore Vensimal Daryanani And ANR v. Bhagwati Ghanshamdas Daryanani (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th March, 2025 CALLED FOR HEARING :

TP/342/2025 (E-filing) Mr. Navin P. Sachanandani, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Kishore Vensimal Daryanani and Manohar Vensimal Daryanani both being Executors named under the Will of deceased. Deceased namely Bhagwati Ghanshamdas Daryanani said to have died at Mumbai on 03.12.2006. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 13.04.2013. The said Will is in English language. Both the petitioners are Executors under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased namely Basil Shamrao Rath has been separated as their marriage was dissolved as per the order dated 10.11.1976 passed by the Bombay City Civil Court, Bombay hence, his whereabouts is not know to the petitioner. Copy of the said Divorce Decree is annexed to the petition as Exhibit "C1". Deceased was survived by one son, who has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Shashi R. Lodha dated 04.05.2013 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 13.02.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 20.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG