Pravin Harbanslal Khanna Alias Pravin Kumar Khanna v. Harbanslal Mohanlal Khanna Alias Harbans Lal Khanna (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd July 2024.

CALLED FOR COMPLIANCE:

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30. TP/1918/2024 [Original] (ECHCBM02053572024) Ms. Kusum Poojary, 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 and Codicil of the deceased filed by the Petitioner Pravin Harbanslal Khanna @ Pravin Kumar Khanna, being one of the Executors named under the Will and Codicil of the deceased. Deceased Harbanslal Mohanlal Khanna alias Harbans Lal Khanna, said to have died at Mumbai on 28.12.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Poojary, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 21.03.2009 and 08.04.2009 and Codicil executed and registered on 23.08.2023 respectively. The said Will and Codicil are in English language.

3. Ms. Poojary, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Wife of the deceased viz. Kailash Harbanslal Khanna pre-deceased the deceased.

The said deceased left no other sons and no other daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kins left by the deceased.

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4. Petitioner's Oath is filed.

The other Executrix, Geeta Pravin Khanna has filed Affidavit dated 06.03.2024 reserving her rights as Executrix. Consent Affidavit of married daughter of the deceased as mentioned in para - 9 is on record. The Ld.

Advocate for the Petitioner has relied on the order passed in TP/50/2011 dated 23.02.2012 and by the said order, the Hon'ble Court has accepted the Affidavit of third party under Rule 384 of the Bombay High Court, O.S., Rules. In this matter, relying on the said order, the Ld. Advocate for the Petitioner has filed Affidavit of Geeta Pravin Khanna in lieu of the Affidavit of the attesting witnesses to the Will. The attesting witnesses to the Will are expired and their death certificates have been annexed to the Affidavit dated 08.04.2024. In view, of the above, the said affidavit is accepted. Affidavit of Deep Sandeep Doshi, one of the attesting witness to the Codicil 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

02.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master