Bombay High CourtTP/3532/2024grant issued

Bharat Narotam Doshi v. Sudha Keshub Mahindra (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 :

61. TP/3532/2024 [Original] (ECHCBM02010232024) with WILL/1390/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Aayushi Gohil i/b M. T. Miskita & Co., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament and Codicil of the deceased filed by Petitioners Bharat Narotam Doshi, Sanjay Mohan Labroo, Uma Ranjit Malhotra and Padmini Khare Kaicker, being the Executors named under the Will of the deceased. Deceased Sudha Mahindra alias Sudha Keshub Mahindra, said to have died at Mumbai on 03.07.2023. 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. Gohil, Advocate for Petitioners submits that deceased left behind her last Will and Testament and Codicil which was duly executed at Mumbai, on 23.06.2022 and 03.06.2023 respectively. The said Will and Codicil are in English language.

3. Ms. Gohil, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the Deceased predeceased the deceased and Exhibit - C is the copy of his death certificate. The deceased have no son. The Deceased left three daughters. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of one married daughter and one divorced daughter of the deceased as mentioned in para - 10 are on record.

Affidavit of Philomena G. Anandan, one of the attesting witnesses to the Will and Codicil are 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