Bombay High CourtTP/2927/2024grant issued

Umesh Nanji Nagda v. Panbai Nanji Nagda

2024-08-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th August 2024.

CALLED FOR COMPLIANCE :

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49. TP/2927/2024 [Original] (ECHCBM02098442024) with WILL/1175/2024 Ms. Yogini Gada, 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 Umesh Nanji Nagda, being the Sole Executor named under the Will of the deceased. Deceased Panbai Nanji Nagda, said to have died at Mumbai on 19.05.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card and Pan Card are annexed to the Petition.

2. Ms. Gada, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 28.03.2019 and 05.04.2019 respectively. The said Will is in English language.

3. Ms. Gada, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband Nanji Murji Nagda predeceased the deceased on 13.01.2004. Exhibit - E to the Petition is a copy of the death Certificate of the husband of the deceased. The Pushpa Nanji Nagda, the daughter of the deceased expired on 25.05.2018. The said Ms. Pushpa Nanji Nagda

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) was a spinster. Exhibit "F" to the Petition is a photocopy of death Certificate of Ms. Pushpa Nanji Nagda. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of five married daughters of the deceased as mentioned in para - 9 are on record.

Affidavits of Navin Karamshi Mota and Sudhir Jethalal Gosar, both the attesting witnesses to the Will 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.

27.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master