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Bombay High CourtTP/5752/2024grant issued

Nikunj Kamal Jaisalmeria v. Manak Devi Jaisalmeria (Deceased)

2025-04-01Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st April, 2025 CALLED FOR HEARING :

TP/5752/2024 (E-filing) Mr. Chirag Chainani a/w. Dashang Doshi, 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 Nikunj Kamal Jaisalmeria being Executor named under the Will of deceased. Deceased namely Manak Devi Jaisalmeria alias Manak Devi Jaiusalmeria said to have died at Jodhpur, Rajasthan on 04.01.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Jodhpur on 06.10.2022. The said Will is in Hindi language. Pursuant to order dated 10.01.2024 passed in TP No. 1263 of 2023, Ld. Advocate for petitioner has filed Affidavit dated 09.01.2025 alongwith copy of translation of the said Will stating it is true and correct translation. Mr. Kamal Jaisalmeria has filed an Affidavit dated 09.01.2025 for renouncing his rights as an Executor.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased predeceased the deceased. Deceased was survived by one daughter and two sons who all 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 Arun Kedardas Jaisalmeria dated 28.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 28.01.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Petitioner is granted leave to add prayer clause of the petition referring renunciation of right of execution. Office to issue Probate as prayed after uploading the amended petition on the official portal of the Bombay High Court and after verifying whether any cross petition is filed or whether any caveat is filed.

01.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG