Bombay High CourtTP/1845/2024grant issued

Virginia Sharma D/O Late Dharam Paul v. Vijay Sharma Alias Vijay Dharam Paul Sharma Alias Vijay Dharampaul Sharma

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

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th August 2024.

CALLED FOR COMPLIANCE :

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14. TP/1845/2024 [Original] (ECHCBM02227532023) with WILL/684/2024 Mr. Pranav Chavan i/b Mahesh Menon & Co., Advocate for the Petitioner.

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 Virginia Sharma, D/o. Late Dharam Paul Sharma, being one of the Executrix named under the Will of the deceased.

Deceased Vijay Sharma alias Vijay Dharam Paul Sharma alias Vijay Dharampaul Sharma, said to have died at Gurgaon, on 26.02.2022.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Chavan, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.07.2012. The said Will is in English language.

3. Mr. Chavan, 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 pre-deceased the deceased. The deceased had no son and no other daughters. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed.

The other Executrices viz. Maneesha Sharma, d/o., Late Dharam Paul Sharma and Vendana Sharma D/o Late Dharam Paul Sharma have filed their Affidavits both dated 29.11.2023 reserving their rights as Executrices. Consent Affidavits of two daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Mamta Sharma, 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.

08.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master