Bombay High CourtTP/2868/2024grant issued

Kanchan Ishvarlal Gandhi v. Ishvarlal Maganlal Gandhi

2024-10-09Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th October, 2024 CALLED FOR DIRECTION:

41. TP/2868/2024 Ms. Aafreen Shaikh, Adv. i/b. Saahil for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02024332024) with WILL/1155/2024 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 Kanchan Ishvarlal Gandhi being the Executrix named under the Will of the deceased. Deceased Ishvarlal Maganlal Gandhi alias Ishvarlal Maganlal Gandhi said to have died at Mumbai on 27.02.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Pan and Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Shaikh, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.09.2015. The said Will is in English language.

3. Ms. Shaikh, 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. The said Deceased left him surviving his wife, i.e. the Petitioner and his 5 children i.e. 3 (three) sons and 2 (two) married daughters. Save and except as mentioned in para -11, there

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of two married daughters and three sons of the deceased as mentioned in para 11 are on record. Affidavit of Bhadra Narendra Mehta, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. Al 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 09.10.2024