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Bombay High CourtTP/2465/2024grant issued

Vibhuti Sanjay Jain v. Kasturben Nanji Savla

2024-08-22S. 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 : 22nd August 2024.

CALLED FOR COMPLIANCE :

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28. TP/2465/2024 [Original] (ECHCBM02028302024) with WILL/998/2024 Ms. Seema Pandey i/b Smit K. Nagda, 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 Vibhuti Sanjay Jain, being the Sole Executrix named under the Will of the deceased. Deceased Kasturben Nanji Savla, said to have died at Mumbai on 13.06.2023.

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. Ms. Pandey, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 24.01.2020. The said Will is in English language.

3. Ms. Pandey, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased. Exhibit - E to the Petition is the copy of death certificate of the husband of the deceased. The deceased has left no other daughters. The deceased has no son.

Save and except as mentioned in para - 9, there are no other legal heirs and next of kin 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 - 9 are record. Affidavit of Jitendra Laxmichand Gangar, 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.

22.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master