Bombay High CourtTP/661/2024grant issued

Sanyogita Mudit Nagpal v. Kalpalata Pramod Churi

2024-05-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th May, 2024.

CALLED FOR COMPLIANCE :

43. TP/661/2024 (ECHCBM02230762023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, 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 Sanyogita Mudit Nagpal, being one of the Executors named under the Will of the deceased. Deceased Kalpalata Pramod Churi alias Kalpalata P. Churi alias Kalpalata Churi said to have died at Mumbai on 03.03.2023.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 06.02.2023. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased predeceased the deceased and Exhibit D to the Petition is the copy of his death certificate. The deceased had one daughter and one son.

Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. The other Executor viz. Mr. Mudit Radheshyam Nagpal has reserved his right to come in and apply for Probate later on and file Affidavit dated 06.12.2023. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavits of Akhtar Adamaji Peerbhoy and Ashok Hansraj Mehta, both the attesting witnesses to the Will are 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.

06.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master