Bombay High CourtTP/3106/2024grant issued

Sunil Sital Kishinchandani v. Kavita Sital Kishinchandani

2024-10-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd October, 2024.

CALLED FOR COMPLIANCE :

34. TP/3106/2024 [Original] (ECHCBM02058372024) with WILL/1229/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Solomon Mathi i/b Rucha Jog, 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 Sunil Sital Kishinchandani, being one of the Executors named under the Will of the deceased.

Deceased Kavita Sital Kishinchandani, said to have died at Pune on 17.10.2023. 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. Mathi, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 08.07.2023. The said Will is in English language.

3. Mr. Mathi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the Deceased predeceased the Deceased. Exhibit- A-2 is the copy of death certificate of the husband of the deceased. The said deceased died leaving behind a son and two daughters. 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. The other two Executrices, Rita Ashok Popat and Vandana Kishinchandani Mendonca have filed their Affidavits dated 02.03.2024 and 22.02.2024 respectively renouncing their rights as Executor. Consent Affidavit of two daughters of the deceased as mentioned in para - 9 are on record. Affidavits of Sanjiv Kishinchandani and Raju Mohanlal Samtani, 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.

23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master