Bombay High CourtTP/1575/2024grant issued

Hari Sunder Kumar Nariani v. Padma Sunder Kumar Nariani

2024-08-07Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th August 2024.

CALLED FOR COMPLIANCE :

19. TP/1575/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Mamata Dabhade, for the petitioner.

(ECHCBM02010492024) WITH WILL/596/2024 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 Hari Nariani S/o Sunder Kumar Nariani, being one of the Executors named under the Will of the deceased. Deceased Padma Sunder Kumar Nariani, said to have died at Gurugram, Haryana on 05.07.2023. 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. Ms. Dabhade, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.03.2019. The said Will is in English language.

3. Ms. Dabhade, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased are pre-deceased the deceased. Exhibit D to the petition is a copy of his death certificate. The deceased have no other daughters and no sons. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. The other Executors / Executrix Chitra Nariaini, Rahul Nariaini, Mayank Nariaini and Priya Hirani have filed there Affidavits dated 06.01.2024, 11.01.2024 and 04.01.2024 respectively renouncing their rights as executor. Consent Affidavit of married daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Devinider Jeet Singh, 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.

07.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master