Bombay High CourtTP/4495/2024grant issued

Vishesh Dhirendra Sangoi v. Bhavanji Anandji Rambhia (Deceased)

2025-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th February, 2025.

CALLED FOR HEARING:

12. TP/4495/2024 [Original] (ECHCBM02142792024) with WILL/1788/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vinali Bhaidkar, 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 Vishesh Dhirendra Sangoi, being one of the Executor named under the Will of the deceased. Deceased Bhavanji Anandji Rambhia, said to have died at Mumbai on 31.07.2023. 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. Ms. Bhaidkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 27.04.2022 and 28.04.2022 respectively. The said Will is in English language.

3. Ms. Bhaidkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased and the parents of the wife of the deceased predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. The remaining Executor, Dhirendra Premji Sangoi has renounced his right by filing Affidavit dated 09.07.2024. The Ld. Advocate for the Petitioner is permitted to add the renouncing right of remaining Executor, Dhirendra Premji Sangoi in prayer clause of the Petition, by way of correction, within one week from the date of uploading of the order. Consent Affidavit of widow of the deceased as mentioned in para - 8 is on record. Affidavit of Amit Kalyanji Vora, one of the attesting witnesses 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.

05.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master