Bombay High CourtTP/3631/2024grant issued

Sanjiv Vasantrai Gandhi v. Kunjbala Prataprai Shanghvi (Deceased)

2024-10-08S. 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 : 08th October, 2024.

CALLED FOR COMPLIANCE :

12. TP/3631/2024 [Original] (ECHCBM02080982024) with WILL/1418/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms.Vaishnavi Adhav with Shivaji Nirmale i/b LR Assocs., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of notarized copy of Last Will and Testament of the deceased filed by Petitioners Sanjiv Vasantrai Gandhi and Pradip Tarachand Doshi being the Executors named under th1e Will of the deceased.

Deceased Kunjbala Prataprai Shanghvi, said to have died at Mumbai on 10.12.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan and Aadhar Card are annexed to the Petition.

2. Ms. Adhav, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 21.08.2019 and 22.08.2019 respectively. It is submitted that the Original Will of the deceased is misplaced by the deceased. The said Will is in English language.

3. Ms. Adhav, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased, predeceased the deceased and Exhibit - A3 is the copy of death certificate of the husband of the deceased. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased did not have any son & not have any other daughter. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of daughter of the deceased as mentioned in para - 9 is on record. There is Affidavit dated 04.09.2024 filed by Sheriff's office showing service upon another non-consenting daughter of the deceased. Affidavit of Rashmi Bhuva, 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master