Sandeep Madhav Shikre v. Padmaben Mansukhlal Modi

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th July, 2024 CALLED FOR DIRECTION:

25. TP/426/2024 [Original] (ECHCBM02223222023) with WILL/199/2024 Mr. Sudhir Yadav, Adv. i/b. Agnes Baradia for the Petitioner.

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1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Sandeep Madhav Shikre, being the sole Executor named under the Will of the deceased. Deceased Padmaben Mansukhlal Modi, said to have died at Mumbai on 01.12.2022. Copy of Death Certificate is annexed to the Petition. Copy of Pan and Aadhaar Card of the deceased as ID Proof are annexed to the petition.

2. Mr. Yadav, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 14.11.2022. The said Will is in English language.

3. Mr. Yadav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased. The Deceased did not have any son. 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 three daughters of the deceased as mentioned in para 8 are on record. Affidavits of Madhavi Unmesh Joshi and Parul Jayesh Shah, both the attesting witnesses to the Will are 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 05.07.2024