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Bombay High CourtTP/1220/2024grant issued

Ram Kaliandas Daryanani v. Gobind Kaliandas Daryanani (Deceased)

2024-07-31Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

20. TP/1220/2024 Ms. Renuka Lele, Adv. i/b. Pradhan & Rao for Petitioners. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02214732023) with WILL/437/2024 P. C. :

1. Perused Petition. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Ram Kaliandas Daryanani and Poonam Hashmatrai Vaswani being the Executors named under the Will of the deceased. Deceased Gobind Kaliandas Daryanani said to have died at Mumbai on 30.11.2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Lele, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 03.04.2019 and registered on 04.04.2019. The said Will is in English language.

3. Ms. Lele, 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 had one son and one daughter from his wedlock with Rajni Gobind Daryanani as his surviving wife of the deceased as aforesaid.

Save and except as mentioned in para -6,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of wife, son and daughter of the deceased as mentioned in para 6 are on record. Affidavit of Sarang A. Fulbandhe, 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 31.07.2024