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Bombay High CourtTP/1029/2024grant issued

Jagdish Vinodrai Kotadia v. Vinodrai Haridas Kotadia

2024-06-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th June, 2024 CALLED FOR DIRECTION:

35. TP/1029/2024 (ECHCBM02235552023) with WILL/335/2024 Ms. Ila Kotadia , Adv. 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 Jagdish Vinodrai Kotadia being one of the Executors named under the Will of the deceased. Deceased d Mr Vinodrai Haridas Kotadia said to have died at Mumbai on 5th November 2023 . Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

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2. Ms. Ila Kotadia, Advocate for the Petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 24th September 2007 .

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3. Ms. Ila Kotadia, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents of the deceased predeceased the deceased and deceased has no other son or daughter except mentioned in Para No. 9.

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4. Petitioners' Oath are filed. The other two Executors i.e. Manjula Kotadia and Ila .... 2 )

) Kotadia have filed their Affidavits dated 16.12.2023 renouncing their rights as Executrices. Consent Affidavits of wife, son and two married daughters of the deceased as mentioned in para No. 9 is on record.

Affidavit of f Dr. Shashikant C Patel and Mrs. Varsha S Patel, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

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

) ) ) Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 11.06.2024