Bombay High CourtTP/667/2024grant issued

Amrita Moti Bhavnani v. Hiranand Rupchand Bhavnani (Deceased)

2024-05-09Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th May, 2024.

CALLED FOR COMPLIANCE:

503. TP/667/2024 ECHBM02231532023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. D. R. Mishra, 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 Amrita Moti Bhavnani, being the Sole Executrix named under the Will of the deceased. Deceased Hiranand Rupchand Bhavnani alias Hiranand R. Bhavnani, said to have died at Mumbai on 19.06.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter ID is annexed to the Petition.

2. Mr. Mishra, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 02.02.2020. The said Will is in English language.

3. Mr. Mishra, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased is predeceased. The parents of the deceased died long back and therefore the death Certificate of the parents of the deceased are not available. Mr. Assandas Rupchand Bhavnani left no daughter. Mr. Moti Assandas Bhavnani left no daughter. The deceased died as bachelor. Exhibits -"E", "F", "G" and "H" to the Petition are the copy of Death certificate of Kishni Rupchand Bhavnani, Usha Chandru

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chainani, Assandas Rupchand Bhavnani and Moti Assandas Bhavnani. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of brother's grand son, Hitesh Moti Bhavnani as mentioned in para - 9 is on record. Affidavit of Kiran Kashikar one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavit 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.

09.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master