Ashish Shewakram Panjwani v. Lakhmichand Doulatram Matreja (Deceased)

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

CALLED FOR COMPLIANCE :

57. TP/4175/2024 [Original] (ECHCBM02125472024) with WILL/1653/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kashyap P. Padia, 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 and two Codicils of the deceased filed by the Petitioner Ashish Shewakram Panjwani, being the Sole Surviving Executor named under the Will of the deceased. Deceased Lakhmichand Doulatram Matreja, said to have died at Mumbai on 21.04.2023. 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. Padia, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 19.07.2010, First Codicil executed on 25.10.2015 and Second Codicil executed on 13.07.2021 respectively at Mumbai. The said Will and two Codicils are in English language.

3. Mr. Padia, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the deceased have predeceased the deceased. The wife of the deceased died since deceased. The deceased died married and had no children during his wedlock. Exhibit - E is the copies of the death certificate of the legal heirs 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.

4. Petitioner's Oath is filed. The other two Executors, Rima Lakhmichand Matreja and Lachhmandas Lunidaram Narang have expired on 20.05.2023 and 10.05.2023 respectively. Exhibits - E and F are the copies of their death certificates. Affidavits of Mohan Thakurdas Methwani, Haresh Girdharidas Kataria, Harish Aritmal Panjwani and Kashish Ashish Panjwani, the attesting witness to the Will and two Codicils 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