Bombay High CourtTP/982/2024grant issued

Rohit Dharampal Gupta v. Dharampal Rameshwardas Gupta

2024-08-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th August 2024.

CALLED FOR COMPLIANCE :

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6. TP/982/2024 [Original] (ECHCBM02230322023) Ms. Devika Kakoo, Advocate for the Petitioner. P.C.:

1. In view of order dated 10.07.2024, order passed on 11.06.2024 for Probate is recalled. The Ld. Advocate for the Petitioner submits that pursuant to the order dated 10.07.2024, the Petitioner has amended the para - 5 of the Petition and prayer clause.

2. 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 Rohit Dharampal Gupta, being one of the Executors named under the Will of the deceased.

Deceased Dharampal Rameshwardas Gupta, said to have died at Mumbai on 06.05.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

3. Ms. Kakoo, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 11.06.2018. The said Will is in English language.

4. Ms. Kakoo, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the deceased. Except one daughter and one son, the deceased does not have any other daughter or son. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

5. Petitioner's Oath is filed. The other Executrix, Smita Rohit Gupta has filed her Affidavit dated 11.07.2024 renouncing her rights as Executrix. Consent Affidavits of wife, married daughter and son of the deceased as mentioned in para - 8 are on record.

Affidavits of Dinesh Devshanker Shukla and Jay Pravinkumar Gandhi, 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.

6. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

05.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master