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Bombay High CourtTP/2617/2024grant issued

Rajni Gurmukhdas Shivdasani v. Late Sarla Ghanshamdas Gidwani Alias Sarla Ghanshyamdas Gidwani (Deceased)

2024-10-04Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th October, 2024 CALLED FOR DIRECTION:

42. TP/2617/2024 Ms. Anis Ghogari, Adv. for Petitioners.

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1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Rajni Gurmukhdas Shivdasani And Kaushalya Chandru Gidwani being the Executrices named under the Will of the deceased. Deceased Sarla Ghanshamdas Gidwani said to have died at Mumbai 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. Ghogari, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 06.03.2019. The said Will is in English language.

3. Ms. Ghogari, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. The Ld.

Adv. for the petitioner submits that the mother of the deceased predeceased the deceased. The deceased died as spinster. Save and except as mentioned in para -7, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioners' Oath are filed. Consent Affidavits of brother, one niece, two nephews and one cousin of the deceased as mentioned in para 7 are on record.

Affidavits of Nitin M. Menda and Shila Vishindas Kirpalani, 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 04.10.2024