Bombay High CourtTP/3656/2024grant issued

Mukesh Motilal Garg v. Rameshwardas Maturam Bansal (Deceased)

2024-10-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th October, 2024.

CALLED FOR COMPLIANCE :

32. TP/3656/2024 [Original] (ECHCBM02097432024) with WILL/1430/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Aananya Daniel i/b ANB Legal, 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 Mukesh Motilal Garg, being the Sole Executor named under the Will of the deceased. Deceased Rameshwardas Maturam Bansal, said to have died at Mumbai on 17.04.2022. 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. Daniel, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 29.01.2022 and 25.02.2022 respectively. The said Will is in English language.

3. Ms. Daniel, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents, grand parents and wife of the deceased have predeceased the deceased and Exhibit - C is the copy of death certificate of wife of the deceased. Save and except as mentioned in para - 7, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of three sons and three married daughters of the deceased as mentioned in para - 7 are on record.

Affidavits of Nareshkumar Rameshwardas Bansal, Madhu Anand Gupta, Shashi Anand Gupta and Suman Mukesh Garg, all the attesting witnesses to the Will 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.

14.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master