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Bombay High CourtTP/4316/2024grant issued

Manoj Ganesh Madnani v. Asha Ganesh Madnani (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:

61. TP/4316/2024 Mr. Sameer R. Logade, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02151152024) with WILL/1720/2024 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 Manoj Ganesh Madnani being the sole Executor named under the Will of the deceased. Deceased Asha Ganesh Madnani, said to have died at Mumbai on 15.10.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Logade, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 24.03.2023. The said Will is in English language.

3. Mr. Logade, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. That husband of the deceased Ganesh Bashomal Madnani, died on 25th August, 2006. Exhibit 'E' to the petition is the copy of Death Certificate of Ganesh Bashomal Madnani. That the parents of the husband of the deceased also

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) predeceascd the deceased. That the deceased had no other son and no other daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of two daughters of the deceased as mentioned in para 8 are on record.

Affidavit of Susheel Masand, 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