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Bombay High CourtTP/3990/2024grant issued

Ravindra Hirji Mathrawala v. Laxmibai Hirji Mathrawala Alias Laxmibai Hirji (Deceased)

2024-10-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th October, 2024.

CALLED FOR COMPLIANCE :

38. TP/3990/2024 [Original] (ECHCBM02140462024) with WILL/1578/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mrs. Bharti Thaker, 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 Ravindra Hirji Mathrawala, being one of the Executors named under the Will of the deceased. Deceased Laxmibai Hirji Mathrawala, said to have died at Mumbai on 07.03.2024. 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. Mrs. Thaker, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 21.09.2020. The said Will is in English language.

3. Mrs. Thaker, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased. Exhibit - B-1 is the copy of the death certificate of the husband of the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath are filed. The other Executor, Mr. Ramesh Lalji Dharamshi has

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) filed Affidavit dated 28.05.2024 renouncing his right as Executor. Consent Affidavits of son and married daughter of the deceased as mentioned in para - 8 are on record. There is Affidavit of service dated 05.10.2024 filed by Sheriff office showing service upon nonconsenting son of the deceased. Affidavit of Chitra Ramesh Dharamshi, 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master