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Bombay High CourtTP/2344/2024grant issued

Sudarshan Vijaynarain Somani v. Gitadevi Vijaynarain Somani

2024-08-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th August 2024.

CALLED FOR COMPLIANCE :

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43. TP/2344/2024 [Original] (ECHCBM02053412024) Mr. S. U. Lakdawala, 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 Petitioner Sudarshan Vijaynarain Somani, being the Sole Executor named under the Will of the deceased.

Deceased Gitadevi Vijaynarain Somani alias Gitadevi V. Somani alias Gitadevi Somani, said to have died at Mumbai, on 07.08.2023. 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. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 26.12.2016. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased died leaving behind one Son and two daughters. The husband of the Deceased Mr. Vijaynarain Ramdayal Somani predeceased the deceased on 15-4-2016.

Exhibit 'D' to the Petition is a photocopy of his Death Certificate. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of two married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Ashok Balbir Prasad Gupta, 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.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master