Bombay High CourtTP/3002/2024grant issued

Bharati Dilip Thakore v. Bina Motiram Thadani

2024-08-29S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th August 2024.

CALLED FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

45. TP/3002/2024 [Original] (ECHCBM02100372024) with WILL/1205/2024 Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Bharati Dilip Thakore, being the Sole Executrix named under the Will of the deceased.

Deceased Bina Motiram Thadani, alias Bina M.

Thadani alias Bina Thadani alias Bina Thadani Thakore alias Bina Dilip Thakore, said to have died at Mumbai on 20.10.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 22.04.2022. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Deceased had no son, she died leaving behind her only daughter the Petitioner herein. The said Deceased during her life had divorced her Husband Mr. Dilip Vinoo Thakore and Exhibit 'D' to the Petition is photo Copy of Decree of Divorce dated 12-22002, passed by Principal Judge, Family Court at Bandra in M. J. Petition No. F-771 of 2001,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) along with typed copy marked as Exhibit "E", hence deceased used her maiden name as well as her ex-husband name but both are one and the same person. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Sonal Subhash Pali, one of 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.

29.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master