Bombay High CourtTP/1199/2024grant issued

Devika Prakash Malkani v. Pushpa Gopaldas Advani (Deceased)

2024-07-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd July 2024.

CALLED FOR DIRECTION (FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

43. TP/1199/2024 [Original] (ECHCBM02219262023) Mr. Rupesh Mandhare i/b Sean Wassoodew, Advocate for Petitioners.

P.C.:

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 the Petitioners Devika Prakash Malkani and Ashok Metharam Bhavnani, being the Executrix/Executor named under the Will of the deceased. Deceased Pushpa Gopaldas Advani, said to have died at Mumbai on 27.11.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, Pan Card of the deceased is annexed.

2. Mr. Mandhare, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 08.03.2011. The said Will is in English language.

3. Mr. Mandhare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased are preDeceased the Deceased. Save and except as mentioned in para - 6, there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed. Consent Affidavits of brother and two sisters of the deceased as mentioned in para - 6 are on record. Affidavits

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of P. P. Ramchandran alias Ramachandran Pulamanthole Pisharam and Hemant Amrutlal Shah, both the attesting witnesses to the will are 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

22.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master