Bombay High CourtTP/4245/2024grant issued

Rakesh Rajani v. Kishori Thaker Alias Kishoriben Kunj Keshani Alias Thakkar (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 :

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58. TP/4245/2024 with WILL/1688/2024 Mr. Karan Parmar i/b Nankani and Assocs., 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 Rakesh Rajani Son of Dilip Rajani, being one of the Executors named under the Will of the deceased. Deceased Kishoriben Kunj Keshani alias Thakkar, said to have died at United Kingdom on 21.04.2024. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Parmar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 23.02.2012. The said Will is in English language.

3. Mr. Parmar, Advocate for the Petitioner submits that deceased was governed under the HIndu Succession Act 1956. It is submitted that the husband of the Deceased namely Mr.

Kunj Pranjivan Keshani predeceased the Deceased sometime between 1980-1981 and the parents of the husband of the deceased predeceased the deceased. The married daughter of deceased Mrs. Sheela Rajani expired on 17th March 2022. Save and except as mentioned in para - 13, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed.

The other Executrix, Mrs. Sheela Rajani expired on 12.03.2022 and Exhibit - D is the copy of her death certificate. Consent Affidavit of grand daughter of the deceased as mentioned in para - 13 is on record. There is Affidavit of service dated 09.10.2024 filed by the Sheriff office showing service upon non-consenting son of the deceased. Affidavit of Nina Kantilal Unadkat, one of 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