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Bombay High CourtTP/2028/2024grant issued

Renuka Mahesh Bajaj v. Rajkumari S. Bajaj Wd/O Shamdas K. Bajaj Alias Rajkumari Shyamdas Bajaj (Deceased)

2024-09-02C.J. Bhatt,Incharge Prothonotary And Sr Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 02nd September 2024.

CALLED FOR COMPLIANCE :

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40. TP/2028/2024 [Original] (ECHCBM02028712024) with WILL/810/2024 Mr. Siddharth Desai i/b B. G. Saraf, 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 Renuka Mahesh Bajaj, being the Sole Executor named under the Will of the deceased. Deceased Bajaj Rajkumari Shyamdas alias Rajkumari S. Bajaj w/o Shamdas K. Bajaj alias Rajkumari Shyamdas Bajaj, said to have died at Mumbai on 18.09.2021. 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. Mr. Desai, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 10.03.2015. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents, husband, mother in law and father in law of the deceased pre-deceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. There is Affidavit dated 28.08.2024 filed by Sheriff's office showing service upon non-consenting legal heir, Nirmala Lalchand Jaising, married daughter of the deceased. Consent Affidavit of grand daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Jagdish B. Tukrel, 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.

02.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master