Chirag Vinod Makwana v. Vinod Purushottam Makwana (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th November, 2024.

CALLED FOR SPEAKING TO THE MINUTES :

9. TP/3170/2024 (ECHCBM02048282024) with WILL/1273/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Priyanka Srivastava i/b Auris Legal, Advocate for the Petitioner.

P.C.:

Suo-Moto

1. Office has informed that while preparing the grant in order dated 11.10.2024, averment of other two Executrices is not mentioned in para - 4 of order dated 11.10.2024 and in prayer clause of the Petition.

2. In view of above, order dated 11.10.2024 is modified by adding "The other two Executrices viz.

Ranjan Vinod Makwana and Payal Makwana have filed their Affidavits both dated 19.04.2024 renouncing their rights as Executrices." Rest of the order remains as it is. For the sake of convenience, the order dated 11.10.2024 read as under;

3. 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 Chirag Makwana, being one of the Executors named under the Will of the deceased. Deceased Vinod Purushottam Makwana, said to have died at Mumbai on 13.09.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the Petition.

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4. Ms. Srivastava, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.08.2021. The said Will is in English language.

5. Ms. Srivastava, 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. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased.

6. Petitioner's Oath is filed. The other two Executrices viz. Ranjan Vinod Makwana and Payal Makwana have filed their Affidavits both dated 19.04.2024 renouncing their rights as Executrices. The Ld. Advocate to amend prayer clause by mentioning the renouncing right of remaining other two Executrices within three days from the date of uploading of the order. Re-verification is dispensed with. Consent Affidavits of wife and daughter of the deceased as mentioned in para - 10 are on record. Affidavits of Surya Mohan Jha, andSuraj Narayan, both the attesting witnesses to the Will are 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.

7. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

29.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master