Bombay High CourtTP/1739/2024grant issued

Snehlata Vishnu Malaney v. Vishnu Shamdas Malaney (Deceased)

2024-10-16Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

28. TP/1739/2024 Ms. Sneha Agicha, Adv. i/b. D. M. Harish & Co., for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02010352024) with WILL/637/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Snehlata Vishnu Malaney and Ronil Vishnu Malaney being the Executors named under the Will of the deceased.

Deceased Vishnu Shamdas Malaney, said to have died at Mumbai on 27.09.2020. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Agicha, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 05.04.2019 and 11.04.2020 respectively.

The said Will is in English language.

3. Ms. Agicha, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The deceased did not leave any other son and daughter or any other children. Save and except as mentioned in para -11, there are no other legal heirs and next of kin left by the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. The Ld. Adv. for the Petitioner submits that the properties of the deceased were not determinable and it took considerable amount of time for the Petitioners to ascertain the investments of the deceased. Hence the delay in filing this Petition may please be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed. The Other Executor Asheesh Vishnu Malaney has filed affidavit dated 20.07.2023 relinquishing his rights as executor. Consent Affidavit of son of the deceased as mentioned in para 11 is on record. Affidavit of Teja Malebeshwar Borkar, 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 16.10.2024