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Bombay High CourtTP/538/2025grant issued

Mukesh Kesariya Alias Mukkesh Keshria v. Ramniklal Nyaachand Parekh Alias Ramniklal Nyalchand Alias Ramaniklal Nyalchand Parekh (Deceased)

2025-03-25Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th March, 2025 CALLED FOR HEARING :

TP/538/2025 (E-filing) Mr. Siddharth Desai i/b. Ankita D. Gala, 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 Mukesh Kesariya alias Mukkesh Keshria being sole Executor named under the Will of deceased. Deceased namely Ramniklal Nyaalchand Parekh alias Ramniklal Nyalchand Parekh alias Ramaniklal Nyalchand Parekh said to have died at Mumbai on 12.05.2024. 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 his last Will and Testament which was duly executed at Mumbai on 28.02.2018 and the same was registered on 13.03.2018 with the office of Sub-Registrar of Kurla 4, MSD. The said Will is in English language.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died issue-less. Deceased and his wife adopted Taruna Mukesh Keshria as their daughter. Deceased was survived by widow and one adopted married daughter who both 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 Amit Arvind Bahutale dated 28.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 11.02.2025 is filed. All other legal formalities are complied with.

5. However, the petitioner has not annexed any documents to show that Taruna Mukesh Keshria is adopted daughter of deceased. The other class I and II legal heirs are not mention as per the Hindu Succession Act, 1956. Advocate to take steps.

6. Ld. Advocate for petitioner to file praecipe for placing the matter on board as and when all compliance done in the matter. Hence, remove from board. 25.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG