Bombay High CourtTP/4372/2024grant issued

Swati Vipulraj Shah v. Rasiklal Laxmichand Sanghrajka (Deceased)

2024-11-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th November, 2024.

CALLED FOR COMPLIANCE :

30. TP/4372/2024 [Original] (ECHCBM02154112024) with WILL/1740/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shruti Lakhani, 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 Swati Vipulraj Shah, being the Sole Executrix (according to the tenor of the Will) named under the Will of the deceased.

Deceased Rasiklal Laxmichand Sanghrajka, said to have died at Ahmednagar on 06.05.2024. 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. Ms. Lakhani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Ahmednagar, on 11.01.2019. The said Will is in Marathi language and the Ld. Advocate for the Petitioner has filed her filed dated 28.10.2024 regarding translation of the Will.

3. Ms. Lakhani, Advocate for the Petitioner 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. Save and except as mentioned in para - 16, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of Dnyandeo K. Bankar, one of the attesting witness to the Will is filed. The other attesting witness, Babasaheb Raskar expired and Exhibit - D is the copy of his death certificate. 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.

12.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master