Bombay High CourtTP/2089/2024grant issued

Simran Dwiresh Oza v. Kanta Madhusudan Oza

2024-07-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th July, 2024 CALLED FOR DIRECTION:

61. TP/2089/2024 Ms. Jyoti Badgujar, Adv. i/b. Lakdawala & Co., for the Petitioner.

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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 Simran Dwiresh Oza being one of the Executors named under the Will of the deceased. Deceased Kanta Madhusudan Oza alias Kanta Oza said to have died at Mumbai on 29.01.2024. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 06.09.2021 respectively. The said Will is in English language.

3. Ms. Badgujar, 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. said Deceased died leaving behind Husband, 1 Son and 2 Daughters. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. The other Executor Mr. Devarata Dwiresh filed Affidavit dated 09.03.2024 reserving his rights as executor. Consent Affidavits of husband, son and two married daughters of the deceased as mentioned in para 8 are on record. Affidavit of Yogendra Kumar Shreelal Arora, 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 26.07.2024