Bombay High CourtTP/1805/2024grant issued

Monica Natvarlal Parikh v. Urvashi Dhansukh Lodhiwala

2024-08-07S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

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

CALLED FOR COMPLIANCE :

29. TP/1805/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Kinjal K. Shah, for the petitioner.

(ECHCBM02032352024) WITH WILL/659/2024 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 Petitioner Ms. Monica Natvarlal Parikh, being the Sole Executrix named under the Will of the deceased. Deceased of Urvashi Dhansukh Lodhiwala, said to have died at Mumbai on 09.07.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition. The Ld. Advocate for the petitioner submits that in para 1 the date of issuance of death certificate is erroneously typed as 07.07.2022 instead of 29.07.2022. Ld. Advocate for the petitioner is permitted to correct the date accordingly in para 1 as 29.07.2022 (Exhibit "A"). The Ld. Advocate for the petitioner to correct the said date during the course of the day. Re-verification is dispensed with.

2. Ms. Shah, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.04.2018. The said Will is in English language.

3. Ms. Shah, 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 predeceased the deceased. The deceased has a son as mentioned above. "Exhibit D" is the Death Certificate of the deceased Husband Late Dhansukh Chhaganlal Lodhiwala who died on or about 25 April 1985. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para 8 is on record. Affidavit of Falguni Dahyabhai 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.

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