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Bombay High CourtTP/756/2025grant issued

Hiralal Parasram Motwani And ANR v. Lajja Sadhuram Mandiyani Alias Laja Sadhuram Mandyani Alias Lajja Sudharam Mandiyani (Deceased)

2025-05-02Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd May, 2025 CALLED FOR HEARING :

TP/756/2025 (E-filing) Mr. Uttam Rane, 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 Hiralal Parsram Motwani and Rajesh Vinod Asrani being Executors named under the Will of deceased. The deceased namely Lajja Sadhuram Mandiyani died at Mumbai on 11.11.2020. 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 08.09.2009. The said Will is in English language. The Page Nos. 2 and 3 of the Will refers to the appointment of Executor. Only two Executor appointed under the Will who both are petitioners herein.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Husband of deceased had no brother and sister. Legal heirs mentioned in para No. 9 of the petition are not real nephews therefore, petitioner required take necessary steps in the matter.

4. Petitioner's oath is filed. Affidavits of Krishna Shivkumar Shroff and Reshma Malhotra dated 07.01.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 18.03.2025 is filed.

5. However, since there are no legal heirs hence, Advocate to take steps in this matter.

6. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done and matter is ready for final. Remove from board. 02.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR