Bombay High CourtTP/1906/2024grant issued

Girdhari Chanchaldas Manwani v. Smt. Kalawanti Chanchaldas Manwani Alias Kalawati Chanchaldas Manwani Alias Kalawati Chanchaldas Ma

2024-07-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th July 2024.

CALLED FOR COMPLIANCE :

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18. TP/1906/2024 [Original] (ECHCBM02237012023) Mr. Sushil Inamdar i/b Ajit Shrikhande, 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 Girdhari Chanchaldas Manwani, being the Sole Executor named under the Will of the deceased.

Deceased Smt.

Kalawanti Chanchaldas Manwani alias Smt. Kalawati Chanchaldas Manwani alias Kalawati Chanchaldas Manwoni, said to have died at Mumbai on 27.03.2017. 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. Mr. Inamdar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 25.04.2004. The said Will is in English language.

3. Mr. Inamdar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased died as a widower. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner could not file this Petition as he was in the process of collecting particulars of the property left by the deceased. Hence, the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner prays that delay in the filing this Petition may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons, two daughters, one grandson and one grand daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Chandra Sachanandani, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavit s 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.

30.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master