Indra Hiroo Makhijiani v. Hiroo Thakurdas Makhijani (Decased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th August 2024.

CALLED FOR SPEAKING TO THE MINUTES:

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

5. TP/1584/2024 [Original] (ECHCBM02155072023) None present for the Petitioner.

P.C.:

Suo - Moto

1. Office has informed that while preparing the grant, in order dated 07.08.2024, the name of the Petitioner and deceased is erroneously typed as Indra Hiroo Makhijani, however, the name of the deceased is "Hiroo Thakurdas Makhijani".

2. Hence, in order dated 07.08.2024, the name of the deceased in 7th line, para - 1, is corrected and read as "Hiroo Thakurdas Makhijani'. Rest of the order remains as it is.

3. Removed from the board.

For the sake of convenience, the corrected order dated 07.08.2024 read as under ;

4. 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 Indra Hiroo Makhijani, being the Sole Executrix named under the Will of the deceased. Deceased Hiroo Thakurdas Makhijani, said to have died at Mumbai on 15.06.2023. Copy of death certificate is annexed to the Petition. For identification

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

5. Mr. Ayyagri, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.10.2021. The said Will is in English language.

6. Mr. Ayyagri, 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 pre-deceased the deceased. The deceased has no other son and no other daughter. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

7. Petitioner's Oath is filed. Consent Affidavits of daughter and son of the deceased as mentioned in para - 9 is on record.

Affidavit of Romy Sunil Wadhwani, 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.

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

19.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master