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Bombay High CourtTP/5537/2024grant issued

Uday Shashikant Dalal v. Bhanumati Shashikant Dalal Alias Bhanumati S Dalal (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/5537/2024 (E-filing) Mr. Jayant Wani i/b. Seema Hunnurkar, 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 Uday Shashikant Dalal being one of the Executors named under the Will of deceased. The deceased namely Bhanumati Shashikant Dalal died at Mumbai on 26.01.1987. Copy of death certificate is annexed to the petition. Petitioner has Affidavit dated 28.09.2024 for dispensation of identification proof of deceased. The same is accepted.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 04.01.1987. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Out of them one executor is petitioner herein and another executor has not filed any Affidavit for reserving or renouncing his rights as an Executor.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. One son of deeased namely Dharmendra died as bachelor. Daughter of deceased namely Meena died on 10.10.1995, leaving behind one daughter namely Annel also died on 05.11.1998 as spinster. Deceased was survived by two sons only. Out of them one son is petitioner herein and remaining son has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of S. J. Desai dated 28.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.01.2025 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for grant. Hence, remove from board. 08.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG