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Bombay High CourtTP/2985/2024grant issued

Madhukanta Harilal Soni v. Harilal Devdan Soni

2024-10-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

36. TP/2985/2024 Ms. Yoma G. , Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02157022023) with WILL/1195/2024 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 Madhukanta Harilal Soni, being one of the Executrix named under the Will of the deceased. Deceased Harilal Devdan Soni alias Harilal D Soni alias Harilal S/o Devdan Soni, said to have died at Mumbai on 21.10.2021. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Yoma G, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.01.2008. The said Will is in English language.

3. Ms. Yoma G, 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 Mother of the deceased has predeceased the deceased. The deceased has no other Son and/or Daughter. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the deceased.

4. Petitioner's Oath is filed. The Other Executors Sudhir Kumar Harilal Soni and Bhavik Harilal Soni have filed declaration dated 17.06.2022 renouncing their rights as Executors. Consent Affidavits of two sons and one daughter of the deceased as mentioned in para 10 are on record.

Affidavit of Dr. Ramesh Mehta, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All 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 22.10.2024