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Bombay High CourtTP/2152/2024grant issued

Vikram Wadhwa v. Sarojini H. Gidwani

2024-10-16S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

32. TP/2152/2024 Ms. Mandakini Kumari Sinh, Adv. for Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02066032024) with WILL/873/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Codicil and Testament of the deceased filed by Petitioners Vikram Wadhwa and Kishen Wadhwani being the Executors named under the Will of the deceased. Deceased Sarojini H. Gidwani alias Ms. Sarojini Hiranand Gidwani said to have died at Mumbai on 21.02.2022. 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. Sinh, Advocate for Petitioners submits that deceased left behind her last Will and Testament and Codicil which was duly executed at Mumbai on 21.11.2015 and 16.11.2019 respectively. The said Will and Codicil is in English language.

3.

Ms. Sinh, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that deceased left no other heirs.

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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioners' Oath are filed. Consent Affidavits of nephew, four nieces and brother of the deceased as mentioned in para 8 are on record. There is affidavit of service filed by sheriff office dated 23.09.2024 showing service of citation upon nephew, niece and sister of the deceased as mentioned in para 8. Affidavits of Anima Bhupendra Kapadia and Shiv Satish Kathuria, both the attesting witnesses to the Will and Codicil are filed. Affidavit of service of General Citation is filed. 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 16.10.2024