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Bombay High CourtTP/3483/2024grant issued

Sarika Sethi Wife Of Rajiv Sethi v. Premnath Radhakishen Mehra (Deceased)

2024-09-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September 2024.

CALLED FOR COMPLIANCE :

57. TP/3483/2024 [Original] (ECHCBM02119862024) with WILL/1382/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Sarika Sethi wife of Rajiv Sethi, being one of the Executrix named under the Will of the deceased. Deceased Premnath Radhakishen Mehra alias Premnath R. Mehra alias Premnath Mehra, said to have died at Noida, Uttar Pradesh on 20.10.2023. 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. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 22.11.2017 and 30.11.2017 respectively. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased died leaving behind his one Son and one Daughter. The wife of the Deceased Mrs. Karuna Premnath Mehra expired on 04-04-2017 and Exhibit 'D' is a photo copy of the death certificate The mother of the Deceased Mrs. Indrawati Radhakishen Mehra expired on 27-01-1999 both pre-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased the Deceased. 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 Executor, Manish Premnath Mehra has reserved his right by filing Affidavit dated 09.05.2024. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of Subbalakshmi Kumar, 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.

26.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master