Samir Rajnikant Talsania v. Jayaben Rasiklal Barodia (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th September 2024.

CALLED FOR COMPLIANCE :

Ms. Seema Hunnurkar, Advocate for Petitioners.

58. TP/3562/2024 [Original] (ECHCBM02112042024 with WILL/1403/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Samir Rajnikant Talsania and Bina Samir Talsania, being the Executors named under the Will of the deceased. Deceased Jayaben Rasiklal Barodia, said to have died at Mumbai on 16.09.2023.

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. Hunnurkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 16.01.2013. The said Will is in English language.

3. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased Rasiklal Manilal Barodia died on 30.07.2006, and Exhibit-"D", is the copy of his death certificate. The deceased left no issue. The Parents of husband of the deceased are predeceased the deceased. The petitioner is not aware about the surviving legal heirs from the husband side, as covered under section 15 of Hindu Succession Act, 1956. The parents of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased are predeceased the deceased. The deceased left had one brother and no sister.

The only brother of the deceased namely Rajnikant Chotalal Talsania died on 06/02/2024 & he left his widow & two sons, and Exhibit- "E" is a copy of his death certificate. The said Rajnikant Chotalal Talsania left no daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of sister-in-law and nephew of the deceased as mentioned in para - 8 are on record. Affidavit of Arun Prabhudas Mandavia, 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.

19.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master