Bombay High CourtTP/2522/2024grant issued

Mamta Deepak Gupta @ Mamta Deepak Kumar Gupta @ Mamta D Gupta v. Deepak Kumar Gupta @Deepak Kumar Narendra Kumar Gupta @Deepak Gupta

2024-09-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th September 2024.

CALLED FOR COMPLIANCE :

28. TP/2522/2024 [Original] (ECHCBM02041442024) with WILL/1030/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Meetal Savla i/b Siddharth Walawalkar Assocs., 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 Mamta Deepak Gupta @ Mamta Deepak Kumar Gupta @ Mamta D. Gupta, being one of the Executors named under the Will of the deceased.

Deceased Deepak Kumar Gupta @ Deepak Kumar Narendra Kumar Gupta @ Deepak Gupta, said to have died at United Kingdom, on 09.12.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Ms. Savla, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at United Kingdom on 02.10.2022. The said Will is in English language.

3. Ms. Savla, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased are pre-deceased to the said deceased. That the said deceased left no other son or daughter. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

The other Executors, Mridu Gupta and Vinay Gupta have renounced their rights by filing Affidavits dated 14.02.2024 and 18.04.2024 respectively.

Consent Affidavits of daughter and son of the deceased as mentioned in para - 9 are on record. Affidavits of Jaya Kiran Satish and Sachin Joshi, both the attesting witnesses 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.

24.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master