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Bombay High CourtTP/5095/2024grant issued

Priyanka Nitin Soni v. Nitin Narayan Soni (Deceased)

2025-05-08Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th May, 2025 CALLED FOR HEARING :

TP/5095/2024 (E-filing) Ms. Seema Ram Gupta i/b. Omi Mehta, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Priyanka Nitin Soni being sole Executor named under the Will of deceased. The deceased namely Nitin Narayan Soni died at Orissa on 25.02.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Rajasthan on 07.08.2009. The said Will is in English language and same is in handwritten. The Para No. 1 (b) of the Will refers to the appointment of Executor as father of deceased is alive. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that deceased was survived by father, mother, widow and two sons (as class I legal heirs). Out of them widow is petitioner herein and she has filed consent Affidavits on behalf of two minor sons as mother and natural guardian and all legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Ashok Soni and Kailash Chandra Soni both dated 10.07.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 24.12.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 08.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG