Bombay High CourtTP/3166/2024grant issued

Hari Satramdas Raheja v. Esther Raju Daswani Alias Esther Daswani (Deceased)

2024-10-08S. 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 : 08th October, 2024.

CALLED FOR COMPLIANCE :

45. TP/TP/3166/2024 [Original] (ECHCBM02102632024) with WILL/1270/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala with Jyoti Badgujar, 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 Hari Satramdas Raheja, being one of the Executors named under the Will of the deceased. Deceased Esther Raju Daswani alias Esther Daswani alias Esther, said to have died at Mumbai on 09.03.2024. 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. Lakdawala, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 06.12.2019. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased had no Daughter, she died leaving behind her Husband and 2 Sons.

Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

The other Executor, Anil Harish has reserved his right by filing Affidavit dated 18.04.2024. Consent Affidavits of husband and two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Rutu Hari Raheja, 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master