Hiru Prem Daswani v. Ishwari Gobindram Samtani (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th April, 2025 CALLED FOR HEARING :
TP/5183/2024 (E-filing) Ms. Mandakini Kumari Sinh, 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 petitioners namely Hiru Prem Daswani, Sonu Gobindram Samtani and Ishwar Hasmatrai Thadani being Executors named under the Will of deceased. The deceased namely Ishwari Gobindram Samtani said to have died at Mumbai on 27.12.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 19.11.2015. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only three Executors appointed under the Will.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased had no son and was survived by five daughters. Out of them two daughters are petitioners herein and remaining three daughters 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 Hari Chander Damani dated 25.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 09.12.2024 are 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. 16.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR