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Bombay High CourtTP/2590/2024grant issued

Nivedita Ravi Khemka v. Late Pramod Kumar Tiwari

2024-08-28S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 28th August, 2024 CALLED FOR DIRECTION:

29. TP/2590/2024 Ms. Shobhana Waghmare, Adv. i/b. Mulani & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02065722024) with WILL/1051/2024 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 Nivedita Ravi Khemka being the Executrix named under the Will of the deceased. Deceased Pramod Kumar Tiwari said to have died at Mumbai on 04.12.2023.

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. Waghmare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 26.06.2020. The said Will is in English language.

3.

Ms. Waghmare, 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. That Late Murali Manohar Tiwari the father of the deceased expired on 1St August 1991.

That Late Smt. Tara Devi Tiwari the mother of the deceased expired on 13 September 1959.However the Petitioner is not in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) possession of the death certificate hence cannot be produced herewith. That the deceased died leaving no other son or daughter. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of widow and son of the deceased as mentioned in para 10 are on record. Affidavits of Ram Singh and Anand Singh, both the attesting witnesses to the Will are 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 28.08.2024