Vishnu Mangharam Ajwani v. Haribai Mangharam Ajwani (Deceased))
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th June, 2025 CALLED FOR HEARING :
TP/1133/2025 (E-filing) Mr. Shailesh Korpe i/b. Cygnus Legal, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Vishnu Mangharam Ajwani being sole Executor named under the Will of deceased. The deceased namely Haribai Mangharam Ajwani died at Mumbai on 25.02.2008. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 24.06.2004. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that as regards the legal heirs para Nos. 10 and 11 of the petition states that husband of deceased predeceased the deceased. Deceased had three sons and three daughters. One son of deceased namely Lachman Megharam Ajwani and daughter-in-law of deceased namely Kanchan Lachman Ajwani have expired in Mumbai. Copies of death certificates are annexed to the petition. Their legal heirs are mentioned in para No.10 of the petition. However, addresses of these legal heirs are not mentioned in the petition. The said death certificates clearly shows the addresses of the said son and daughter-in-law of deceased are of Mumbai. Hence, Advocate for petitioner take steps to serve the citation upon surviving legal heirs of son and daughter-in-law of deceased on the addresses mentioned in their respective death certificates.
4. Petitioner's oath is filed. Affidavit of Dr. Bhagatchand Malpani and Lekhu Vensimal Sachanandani dated 04.02.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 09.04.2025 is filed.
5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant. Hence, remove from board. 19.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR