Bombay High CourtTP/3126/2024grant issued

Sunil Kishore Dalal v. Dr. Uma Vinaykumar Chowdhry (Deceased)

2024-10-16Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

48. TP/3126/2024 Ms. Namrata Rayate, Adv. i/b. MG. Legal for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02074412024) with WILL/1243/2024 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 Sunil Kishore Dalal being one of the Executors named under the Will of the deceased. Deceased Dr. Uma Vinaykumar Chowdhry said to have died at Pennsylvania on 20.11.2020. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Rayate, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 26.02.2004. The said Will is in English language.

3. Ms. Rayate, 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 deceased. Deceased died issueless. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. One of Executor

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Kishor Rasiklal Dalal expired and Exh. C is a copy of his death certificate. Remaning three executrices Shreya K. Dalal, Mamta Mangaldas and Nita Girish Nanavaty have filed their affidavits dated 27.03.2024, 27.03.2024 and 26.03.2024 respectively reserving their rights as executrices. Consent Affidavit of widower of the deceased as mentioned in para 9 is on record. Affidavit of Dr. Nirupa E. Gorges, 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 16.10.2024