Bombay High CourtTP/3142/2024grant issued

Ankur Punit Kothari v. Punit Jayantilal Kothari (Deceased)

2024-09-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th September 2024.

CALLED FOR COMPLIANCE :

Mr. Sameer Logade, Advocate for the Petitioner.

54. TP/3142/2024 [Original] (ECHCBM02076482024) with WILL/1251/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Ankur Punit Kothari, being one of the Executors named under the Will of the deceased.

Deceased Punit Jayantilal Kothari, said to have died at Mumbai on 19.02.2024. 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. Logade, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 02.09.2022. The said Will is in English language.

3. Mr. Logade, 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. The deceased had no any other son and no daughter, Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The other two Executors viz. Russel Punit Kothari and Anuj Punit Kothari have filed their Affidavits both dated 02.04.2024 renouncing their rights as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Executors. Consent Affidavits of widow and two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Harshit Jayantilal Kothari, 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.

19.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master