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Bombay High CourtTP/3146/2024grant issued

Kshama Thomas Jayaraj v. Kusumavati Padmakant Rajhuns (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:

53. TP/3146/2024 Mr. Sushil A. Inamdar, Adv. i/b. Ajit Shrikhande for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02207392023) with WILL/1254/2024 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 and Codicil of the deceased filed by the Petitioner Kshama Thomas Jayaraj being the sole Executrix named under the Will of the deceased. Deceased Kusumavati Padmakant Rajhuns alias K. P. Rajhuns alias Kusumavati Rajhuns alias Kusum Padmakant Rajhans alias Mrs. Kusum Padmakant Rajhans said to have died at Mumbai on 11.07.2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Inamdar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament and Codicil which was duly executed at Mumbai on 06.06.2022 and 07.07.2022 respectively. The said Will and Codicil is in English language.

3. Mr. Inamdar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act, 1925 applicable to Christians. It is submitted that the parents

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and husband of the deceased predeceased the deceased. 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. Consent Affidavit of daughter of the deceased as mentioned in para 9 is on record. Affidavit of Lalita Sundar Rao Ahire, one of the attesting witness to the Will and Codicil 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