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Bombay High CourtTP/4510/2024grant issued

Kalpa Atul Lakhani v. Vireshbhai Ishwarlal Thakkar (Deceased)

2024-12-10Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :-10th December, 2024 FOR COMPLIANCE :

86. TP/4510/2024 (AMH20240126755C202 400001) with WILL/1799/2024 P. C. :

Shri. Laxman Jain i/b Yogesh Adhia Ld. Advocate for the Petitioner

1. Ld. Advocate for the petitioner submits that Amit has renounced his executorship and his affidavit is filed on the record.

2. On relying upon his submission. Petition is taken for order. While dictating the order, it is noticed that Amit has filed consent affidavit being the legal heirs of the deceased which is at page no. 51 to 54 of the petition. Ld. Advocate for the Petitioner submits that Amit Thakkar has sent a letter dated 01.08.2024 and thereby informing the Kalpana Lakhani about his busy schedule. However, in entire letter (which is at page no. 40) said executor has not renounced the right to apply for Probate and statement about the intermedal of the properties in capacity of the executor. Hence, to proceed with the present petition. Petitioner to comply Section 230 of the Indian Succession Act, 1925 by filing affidavit of the executor about his right to apply for the Probate of the said Will. Hence, adjourned.

3. S. O. to 06.01.2025 10.12.2024 Officer on Special Duty, with Testamentary Department