Bombay High CourtTP/2308/2024grant issued

Ramesh Mayachand Jain v. Dr Mishrilal Sagarmal Singhi

2024-10-01S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 01st October, 2024.

CALLED FOR COMPLIANCE :

34. TP/2308/2024 [Original] (ECHCBM02013692024) with WILL/919/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar with S. U. Lakdawla, 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 Ramesh Mayachand Jain, being one of the Executors named under the Will of the deceased. Deceased Dr. Mishrilal Sagarmal Singhi alias Mishrimal Sagarmal Singhi, said to have died at Mumbai on 07.07.2021. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 22.12.2017. 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 The said Deceased died leaving behind Widow, one Son and two Daughter. The mother of Deceased Mrs. Diwalibai Sagarmal Singhi died on 06-05-1996 and Exhibit 'D' is a Photo Copy of the Death Certificate she predeceased the Deceased. The Wife of Deceased Mrs. Shakuntala Mishrilal Singhi died on 01-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 10-2023 and Exhibit - E is a Photo Copy of the Death Certificate she since deceased the Deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Mr. Hasmukh Mohanlal Jain has reserved his right by filing Affidavit dated 31.10.2023. Consent Affidavits of two married daughters of the deceased as mentioned in para - 8 are on record. There is Affidavit dated 23.09.2024 filed by Sheriff's office showing service upon Dr. Naresh Mishrilal Singhi, son of the deceased. Affidavit of GRAS @ GRACE MURUGESH, 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.

01.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master