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Bombay High CourtTP/751/2025disposed off

Manoharlal Chatandas Raheja v. Madan Chatandas Raheja (Deceased)

2025-10-14Hon'Ble Shri Justice Milind N. Jadhav2 pages

SL BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th October, 2025 CALLED FOR DIRECTION :

TP/751/2025 (E-filing) Mr. Tasneem Zaidy a/w. Siddharth Desai, 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 Manoharlal Chatandas Raheja being one of the Executors named under the Will of deceased. The deceased namely Madan Chatandas Raheja died at Mumbai on 21.07.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 22.01.2024. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and other Executors namely Tannaz Bandukwala has renounced her rights to act as an Executor and Affidavit dated 14.12.2024 is filed to that effect. The remaining executrix namely Khushboo Hanswal has renounced her right to act as an Executrix by an Affidavit dated 09.05.2025. The petitioner had filed Interim Application No. 3437 of 2025 seeking directions against Khushboo Hanswal and Indusind Bank to deposit the amount lying in the FDs mentioned therein. The said interim Application has been disposed of by an order dated 24.09.2025 in terms of the Consent Terms filed therein and office is directed to proceed for issuance of grant in accordance with law. Ld. Advocate for petitioner states that the properties mentioned in the Schedule are the properties mentioned in the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as bachelor. Deceased was survived by one brother and one sister. Out of them brother is petitioner herein and the sister has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

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4. Petitioner's oath is filed. Affidavit of Rajkumar Hiranand Devnani dated 14.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.07.2025 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.

14.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR