Bombay High CourtTP/2733/2024grant issued

Kalpana Nimish Desai Alias Kalpana Desai v. Pushpa Laxmidas Tejani,

2024-10-08S. 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 : 08th October, 2024.

CALLED FOR COMPLIANCE :

33. TP/2733/2024 [Original] (ECHCBM02031462024) with WILL/1113/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, 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 and Codicil of the deceased filed by the Petitioner Kalpana Nimish Desai alias Kalpana Desai, being one of the Executrix named under the Will of the deceased.

Deceased Pushpa Laxmidas Tejani, said to have died at Pune on 25.09.2023. 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. Hunnurkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Pune on 10.06.2021 and 14.06.2021 respectively and Codicil duly executed at Pune on 22.09.2023. The said Will and Codicil are in English language.

3. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased pre-deceased the deceased and Exhibit - E is copy of his death certificate. The deceased left five Daughters and no Son. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

The other Executrix, Nishi Naren Doshi alias Nishi Doshi, has renounced her right by filing Affidavit dated 29.01.2024. Consent Affidavits of four married daughters of the deceased as mentioned in para - 8 are on record.

Affidavit of Sharayu Deepak Summanwar, one of the attesting witness to the Will and Codicil are 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master