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Bombay High CourtTP/2052/2024grant issued

Neelam Shishir Kothari Alias Neelam Samir Soni v. Shishir Tarachand Kothari (Deceased)

2024-08-13Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th August, 2024 CALLED FOR DIRECTION:

25. TP/2052/2024 Ms. M. S. Patel, Adv. i/b. Monel M. Thakkar for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02037672024) with WILL/840/2024 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 Neelam Shishir Kothari alias Neelam Samir Soni being one of the Executors named under the Will of the deceased. Deceased Shishir Tarachand Kothari said to have died at Mumbai on 13.11.2021. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Patel, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 02.05.2016. The said Will is in English language.

3. Ms. Patel, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The said deceased died leaving behind his wife, one son and one daughter. 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. The other executor Avsheen Shishir Kothari has filed his affidavit dated 29.01.2024 reserving his rights as executor. Consent Affidavits of wife and son of the deceased as mentioned in para 8 are on record. Affidavit of Winnefred James Pinto, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 13.08.2024