Bombay High CourtTP/3001/2024grant issued

Jash Dinesh Singh Choudhary v. Dinesh Singh Surendar Singh Choudhary (Deceased)

2024-10-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

38. TP/3001/2024 [Original] (ECHCBM02192442023) with WILL/1204/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai i/b Madhav Y. 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 Jash Dinesh Singh Chaudhary,, being the Sole Executor named under the Will of the deceased. Deceased Dinesh Singh Choudhary, said to have died at Mumbai on 27.06.2023. 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. Mr. Desai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 22.05.2023, though the date is not mentioned in the Petition. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the deceased have predeceased the deceased. The deceased left no other son and no other daughter. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of widow and daughter and one minor daughter ( through guardian) of the deceased as mentioned in para - 9 are on record. Affidavits of Kulveer Singh Rawat, one of the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the other 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master