Bombay High CourtTP/675/2024grant issued

Pooja Indraneel Roy @ Rekha Jethanand Bhatia v. Rani Jethanand Bhatia

2024-11-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th November, 2024.

CALLED FOR SPEAKING TO THE MINUTES :

6. TP/675/2024 [Original] (ECHCBM02006182024) with WILL/295/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai i/b Anita Manjalkar, Advocate for the Petitioner.

P.C.:

1. Read praecipe dated 25.10.2024. Heard Ld. Advocate for the Petitioner.

2. The Ld. Advocate for the Petitioner submits that in para - 1 of the order dated 11.10.2024, name of the second deceased and his date of death is not mentioned. Further, the date of death of Deceased Rani Jethanand Bhatia is erroneously mentioned as 15.05.2022 instead of 15.11.2022.

3. Accordingly in para - 1 of the order dated 11.10.2024, before the sentence, "Copy of death certificate is annexed to the Petition" it is corrected that the Deceased No. 2, Jethanand Naraindas @ Nariandas Bhatia died at Mumbai on 16.11.2019 and date of death of Deceased No. 1, Rani Jethanand Bhatia is corrected as 15.11.2022 instead of 15.05.2022. In view of above, para - 2 and 3 are also corrected. Rest of the order remains as it is.

4. Praecipe dated 25.10.2024 is disposed of.

5. For the sake of convenience, order dated 11.10.2024 is read as under;

6. 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 Pooja Indraneel Roy @ Rekha Jethanand Bhatia being the sole Executrix named under the Will of the deceased. Deceased No.1 Rani Jethanand Bhatia said to have died at Mumbai on 15.11.2022 and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased No.2, Jethanand Naraindas @ Nariandas Bhatia said to have died at Mumbai on 16.11.2019 respectively. Copy of their Death Certificates are annexed to the Petition. Copy of their Aadhaar Card of the deceased as ID Proof is annexed to the petition.

7. Ms. Manjalkar, Advocate for the Petitioner submits that deceased left behind their last Will and Testament which was duly executed at Mumbai on 15.11.2019. The said Will is in English language. It is submitted by the Ld. Adv. for the Petitioner that the said Will is joint Will.

8. Ms. Manjalkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents of both the deceased predeceased the deceased. No son born from said wedlock. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

9. Petitioner's Oath is filed. Consent Affidavit of daughter of the deceased as mentioned in para 8 is on record. Affidavit of Dakshata Suryakant Chalke, one of the attesting witness to the Will is 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.

10. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed. 11.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master