Diya Naresh Khithani v. Vidya Girdharilal Jagwani Alias Vidyabai Girdharilal Jagwani Alias Vidyaben Girdharilal Jagwani

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th July, 2024 CALLED FOR DIRECTION:

27. TP/1621/2024 Ms. Jyoti Badgujar, Adv. i/b. S. U. Lakdawala for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02030472024) with WILL/609/2024 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 Diya Naresh Khithani being one of the Executrix named under the Will of the deceased. Deceased Vidya Girdharilal Jagwani alias Vidyabai Girdharilal Jagwani alias Vidyaben Girdharilal Jagwani alias Vidya Jagwani, said to have died at Mumbai on 21.02.2023. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 20.01.2018. The said Will is in English language.

3. Ms. Badgujar, 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. said Deceased had NO SON, the said Deceased died

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) leaving behind 7 Daughters. The HUSBAND of the Deceased Mr. Girdharilal Jagwani died on 27-12-1973, he pre-deceased the Deceased. The said Deceased Husband had earlier married to Mrs. Rukabai Girdharilal Jagwani and he had issues who are step children of Deceased as husband predeceased and deceased died leaving behind legal heirs hence, they are not shown as heirs of Deceased. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The other executrix Disha Kishore Khithani has filed her affidavit dated 06.02.2024 reserving her rights as executrix. Consent Affidavits of six daughters of the deceased as mentioned in para 8 are on record. Affidavit of Ashok Ganeshomal Ahuja, 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 10.07.2024