Bombay High CourtTP/3797/2024grant issued

Shalene Gisela Johanson v. Mary Edna Nayar- Deceased

2024-10-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024.

CALLED FOR COMPLIANCE :

56. TP/3797/2024 [Original] (ECHCBM02115192024) with WILL/1498/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Priyanka Pardeshi i/b Rita Bhatia, 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 Shalene G. Johanson (Nayar), being one of the Executrix named under the Will of the deceased.

Deceased Mary Edna Nayar, said to have died at Mumbai on 17.01.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copies of Aadhar Card and Pan Card are annexed to the Petition.

2. Ms. Pardeshi, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 05.06.2017. The said Will is in English language.

3. Ms. Pardeshi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents, husband and son of the Deceased pre-deceased the Deceased. The deceased left two surviving daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed.

The other Executrix, Subhana P. Kosazarek has filed her Affidavit dated 02.03.2024 reserving her rights as Executrix. The Ld. Advocate for the Petitioner to correct the prayer by mentioning the reserving right of other Executrix within three days from the date of uploading of the order. Consent Affidavit of daughter of the deceased as mentioned in para - 9 is on record. Affidavits of Deepen Mansinh Kapadia and Shobha Nayar, both the attesting witness 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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master