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Bombay High CourtTP/2519/2024grant issued

Atul Shantikumar Dayal v. Bhavna Atul Dayal

2024-07-10Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th July, 2024 CALLED FOR DIRECTION:

30. TP/2519/2024 Ms. Swati S. Mathkar, Adv. i/b. Shirish Mathkar for the Petitioner.

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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 Atul Shantikumar Dayal, being one of the Executors named under the Will of the deceased. Deceased Bhavna Atul Dayal nee Bhavna Laijawala, said to have died at State of Minnesota - Secretary of State, U.S.A., on 04.10.2023. 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. Mathkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 17.01.2020. The said Will is in English language.

3. Ms. Mathkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceased has no other Son and Daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. It is submitted that the other three executors 1. Jaidev Dayal 2. Brinda Dayal Shoorji and 3. Dhaval Vussonji have reserved their rights as executors. Consent Affidavits of son and married daughter of the deceased as mentioned in para 8 are on record. Affidavit of Ashwinkumar Manharlal Dave, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 10.07.2024