Bombay High CourtTP/3525/2024grant issued

Anu Suresh Udhwani v. Rewachand Jashanmal Gumnani (Deceased)

2024-09-30S. 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 : 30th September 2024.

CALLED FOR COMPLIANCE:

45. TP/3525/2024 [Original] (ECHCBM02090202024) with WILL/1384/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vinaya Supe, 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 Anu Suresh Udhwani, being the Sole Executrix named under the Will of the deceased.

Deceased Rewachand Jashanmal Gumnani, said to have died at Mumbai on 17.01.2024.

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. Ms. Supe, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 14.10.2022. The said Will is in English language.

3. Ms. Supe, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased and Exhibit - D to the Petition is the copy of death certificate of the wife of the deceased. The said deceased died as widower. The said deceased had two sons and had no daughter. Save and except as mentioned in para - 8, there are no other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. There is Affidavit dated 05.09.2024 filed by Sheriff office showing service of citation upon non-consenting legal heir, Rajan Rewachand Gumnani, son of the deceased. Affidavit of Kunal Suresh Udhwani, 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master