Bombay High CourtTP/4286/2024grant issued

Meena Raj Sippy v. Vimla Santdas Lalwani (Deceased)

2024-10-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th October, 2024 CALLED FOR DIRECTION:

53. TP/4286/2024 Ms. Tanmayee Salekar, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02145852024) with WILL/1709/2024 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 Meena Raj Sippy being one of the Executrix named under the Will of the deceased. Deceased Vimla Santdas Lalwani alias Vimla Lalwani alias VimlaS. Lalwani alias V. S. Lalwani, said to have died at Mumbai on 13.08.2023. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Salekar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 12.02.2019. The said Will is in English language.

3. Ms. Salekar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and parents of husband of the deceased predeceased the deceased. Exh.E is a copy of death certificate of the husband of the deceased. Exh. F is a copy of death certificate of the son of the deceased. Save and except as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para -10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The Other two Executrices Ratna Ramesh Lalwani and Mitasha Anil Chhabria have filed their affidavits dated 04.07.2024 renouncing their rights as Executrices. Consent Affidavits of daughter in law and married daughter of the deceased as mentioned in para 10 are on record. Affidavit of Ashok Ganpati Gaitonde, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.10.2024