Bombay High CourtTP/2750/2024grant issued

Vishal Prakash Gehani v. Niranjan Harkishandas Gehani

2024-10-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th October, 2024.

CALLED FOR COMPLIANCE :

23. TP/2750/2024 [Original] (ECHCBM02059752024) with WILL/1124/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mahendra Agvekar a/w Shraddha Chavan, Advocate for the Petitioner.

P.C.:

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Vishal Prakash Gehani, being one of the Executors named under the Will of the deceased. Deceased Niranjan Harkishandas Gehani, said to have died at Mumbai on 20.11.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card and Pan Card are annexed to the Petition.

2. Mr. Gehani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 19.06.2018. The said Will is in English language.

3. Mr. Gehani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents and wife of the deceased have predeceased the deceased. Exhibit - E is the copy of death certificate of the wife of the deceased. The deceased had no Son and no other 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. The first Executor, Prakash Harkishandas Gehani has filed his Affidavit dated 20.02.2024 renouncing his right as Executor. Consent Affidavit of all the three married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Manik Gehani, one of the attesting witness 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master