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Bombay High CourtTP/2030/2024grant issued

Paresh Chandrakant Desai v. Virbala Chandrakant Desai

2024-07-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th July 2024.

CALLED FOR COMPLIANCE :

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49. TP/2030/2024 (ECHCBM02056552024) Ms. Preksha Shah i/b Universal Legal, 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 Dr. Paresh Chandrakant Desai s/o. Late Chandrakant Motabhai Desai, being the Sole Executor named under the Will of the deceased.

Deceased Virbala Chandrakant Desai, said to have died at Mumbai on 07.04.2023. The Ld.

Advocate for the Petitioner to correct the date 07.04.2024 as 07.04.2023 in para - 1 of the Petition during the course of the day by way of amendment. Re-verification dispensed with. 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. Ms. Shah, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.07.2019. The said Will is in English language.

3. Ms. Shah, 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 only two sons and two daughters and had no other children. Save and except as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son and two daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Pravin M. Tambe, 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.

18.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master