Bombay High CourtTP/4004/2024grant issued

Naresh Banwarilal Singhania v. Ramgopal Phoolchand Kedia (Deceased)

2024-10-15S. 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 : 15th October, 2024.

CALLED FOR COMPLIANCE :

39. TP/4004/2024 [Original] (ECHCBM02134392024) with WILL/1581/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. M. G. Gawde with Manish Shukla, 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 Naresh Banwarilal Singhania and Saurabh Sunil Kedia being the Executors named under the Will of the deceased. Deceased Ramgopal Phoolchand Kedia, said to have died at Mumbai on 12.03.2024. 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. Mr. Gawde, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 29.09.2018 and 20.10.2018 respectively. The said Will is in English language.

3. Mr. Gawde, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased and Exhibit - I is the copy of death certificate of the wife of the deceased. Save and except as mentioned in para - 11, there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed.

Consent Affidavits of two sons and married daughter of the deceased as mentioned in para - 11 are on record. Affidavits of Deenanath Kedia, one of the attesting witnesses to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavit 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