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Bombay High CourtTP/1167/2024grant issued

Bhavna Bharat Daftary v. Bharat Vinod Daftary (Deceased)

2024-06-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th June, 2024 CALLED FOR DIRECTION:

35. TP/1167/2024 (ECHCBM02236332023) with WILL/412/2024 Ms. Madhuri Gaikwad, a/w. Heena Jain Adv. i/b. Mg Legal for Petitioners.

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1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Bhavna Bharat Daftary and Siddharth Bharat Daftary being the Executors named under the Will of the deceased. Deceased Bharat Vinod Daftary, said to have died at Mumbai on 07.12.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Ms. Gaikwad, Advocate for the Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 06.10.2023. The said Will is in English language.

3. Ms. Gaikwad, 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. The Deceased did not have any daughter. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of Prakash Shah, 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.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 14.06.2024