Dipika Anirudh Kavaiya v. Anirudh Masukhlal Kavaiya (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th November, 2024.

CALLED FOR COMPLIANCE :

44. TP/3940/2024 [Original] (ECHCBM02088162024) with WILL/1554/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Priyanka Bhandari, 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 of the deceased filed by Petitioners Dipika Anirudh Kavaiya and Trilesh Anirudh Kavaiya being the Executors named under the Will of the deceased. Deceased Anirudh Mansukhlal Kavaiya, said to have died at Mumbai on 08.02.2024. 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. Bhandari, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 23.05.2023. The said Will is in English language.

3. Ms. Bhandari, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed. There is Affidavit of service dated 26.09.2024 showing service of citation upon non-consenting married daughter of the deceased. Affidavit of Hitesh

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Chimanlal Dodia, 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.

11.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master