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Bombay High CourtTP/1861/2024grant issued

Prashant Hotchand Changrani v. Hotchand Motiram Changrani Alias Hotoo Motiram Changrani Alias Hotu Motiram Changrani(Deceased)

2024-07-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd July 2024.

CALLED FOR DIRECTION (FOR COMPLIANCE :

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50. TP/1861/2024 [Original] (ECHCBM02047092024) Ms. Kanchan Pamnani, 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 Prashant Hotchand Changrani, being the Sole Executor named under the Will of the deceased.

Deceased Hotchand Motiram Changrani alias Hotoo Motiram Changrani alias Hotu Motiram Changrani, said to have died at Mumbai on 06.05.2012. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Pamnani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 26.04.2012. The said Will is in English language.

3. Ms. Pamnani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased pre-deceased the deceased. The deceased had no children(son or daughter). Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware that he was

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) required to file for Probate. As soon as the Petitioner was advised the Petitioner has come to this Hon'ble Court to file this Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of wife of the deceased as mentioned in para - 8 is on record. Affidavit of Sunil B. Krishna formerly known as Sunil Balkrishna Saurastri, 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.

22.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master