Bombay High CourtTP/1440/2024grant issued

Binu Bijal Gandhi v. Dangauri Shah Alias Dhangauri Lakhamsi Saiya (Shah) Alias Momaya (Deceased)

2024-08-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th August 2024.

CALLED FOR COMPLIANCE :

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14. TP/1440/2024 [Original] (ECHCBM02015852024) Mr. Y. C. Parikh, Advocate 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 Binu Bijal Gandhi, being the Sole Executrix named under the Will of the deceased. Deceased Dangauri Shah alias Dhangauri Lakhamsi Saiya (Shah) alias Momaya, said to have died at Ahmedabad on 05.10.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Parikh, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 14.05.2022. The said Will is in English language.

3. Mr. Parikh, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased to the deceased. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of married daughter of the deceased as mentioned in para - 9 is on record. Affidavit of Dr. Charul Jitendra Shah, one of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) attesting witness 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.

05.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master