Bombay High CourtTP/2870/2024grant issued

Rajal Hiren Patel v. Anilkumar Girdharilal Desai

2025-02-07Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2025.

CALLED FOR HEARING :

10. TP/2870/2024 (ECHCBM02051682024) with WILL/1157/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Aarti Dharamsey i/b Jinita Shah, 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 of the deceased filed by the Petitioner Rajal Hiren Patel, being one of the Executor named under the Will of the deceased. Deceased Anilkumar Girdharlal Desai, said to have died at Mumbai on 12.08.2023. 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. Dharamsey, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 10.12.2021. The said Will is in English.

3. Ms. Dharamsey, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased has predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The remaining Executor, Nimish Pravinchandra Desai has filed his Affidavit dated 24.10.2024 renouncing his right as Executor. Consent Affidavits of widow, son and married daughter

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the deceased as mentioned in para - 8 are on record. Affidavit of Manisha Nimesh Desai, one 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.

07.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master