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Bombay High CourtTP/1133/2025grant issued

Vishnu Mangharam Ajwani v. Haribai Mangharam Ajwani (Deceased))

2025-09-17Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th September, 2025 CALLED FOR HEARING :

TP/1133/2025 (E-filing) Mr. Shailesh Korpe i/b. Cygnus Legal, 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 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 and their legal heirs are mentioned therein. Out of them one son is petitioner herein and rest of the legal heirs have served with the citation as stated hereinafter. 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. As per Affidavit dated 10.09.

2025, citation is served upon Bharat, Seema, Harish and Maya by personal service and on Devi Ram by registered post AD, both through the office of Sheriff, Mumbai and Affidavit of Service dated 10.09.2025 is filed to that effect. Citation is served through newspaper publication upon Poonam, Deepa, Kavita, Neeta and Vandana and Affidavit of Service of Publication dated 21.05.2025 is filed to that effect. There are no other legal heirs.

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. 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.

17.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR