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Bombay High CourtTP/1348/2024grant issued

Ashok Baldev Madnani v. Prem Deepchand Lalwaney (Deceased)

2024-06-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st June 2024.

CALLED FOR COMPLIANCE:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, Advocate for the Petitioner.

50. TP/1348/2024 [Original] (ECHCBM02212772023) 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 Ashok Baldev Madnani, being the Sole Executor named under the Will of the deceased. Deceased Prem Deepchand Lalwaney alias Prem D. Lalwaney, said to have died at Henrico, Virginia, USA on 16.12.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.04.2017. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased had no Daughter he died leaving only one Son. The mother of Deceased Mrs. Kalawati Deepchand Lalwaney died in the year 1987, The wife of the Deceased Mrs. Gouri Prem Lalwaney died on 08-08-1999 and Exhibit 'D' to the Petition is a Photo Copy of the Death Certificate both predeceased the Deceased. Save and except as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 8 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of Akshay Ashok Madnani, one of the attesting witnesses to the Will is 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.

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

21.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master