Bombay High CourtTP/2345/2024grant issued

Kavita Naresh Agarwal v. Naresh Manekchand Agarwal

2024-09-03S. 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 : 03rd September 2024.

CALLED FOR COMPLIANCE :

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25. TP/2345/2024 [Original] (ECHCBM02045832024) with WILL/938/2024 Ms. Ankita Sovani i/b Legal Spectrum, 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 Kavita Naresh Agarwal, being one of the Executor named under the Will of the deceased.

Deceased Naresh Manekchand Agarwal, said to have died at Mumbai on 25.05.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Sovani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 06.04.2018 and 07.04.2018 respectively. The said Will is in English language.

3. Ms. Sovani, 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. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Siddhant Naresh Agarwal has filed his Affidavit dated 26.01.2024 renouncing his

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Affidavits of Harshil Hitesh Mehta and Niral Kamlesh Shah, both the attesting witnesses to the Will are 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.

03.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master