In The Goods Of Hemendra P Meheta Alias Hemendra P Mehta (Dec) v. N/A

OD-14 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Testamentary & Intestate Jurisdiction ORIGINAL SIDE PLA/23/2020

IN THE GOODS OF:

HEMENDRA P MEHETA ALIAS HEMENDRA P MEHTA @ HEMENDRA POPATLAL MEHTA (DECEASED)

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: May 12, 2023.

Appearance:

Ms. Sananda Ganguli, Adv.

...for the petitioner.

The Court: Counsel for the petitioner is present. The petitioner has filed the present application for grant of probate of the last Will and Testament dated 4th January, 2010 executed by the testator Hemendra P Meheta also known as Hemendra P Mehta @ Hemendra Popatlal Mehta. The testator executed his last Will & Testament by appointing his wife Indumati H. Meheta as sole executrix with clarification that whenever she decides on her own volition not to act as sole executrix, in that case she can appoint Shri Rajesh Hemendra Mehta as sole Executor of the Will. The testator died on 20th June, 2017 leaving behind five legal heirs including the petitioner. All the legal heirs including the wife have given consent for grant of probate to the petitioner as per the last Will and Testament dated 4th January, 2010. The Will was executed in presence of three attesting witnesses, out of which, two attesting witnesses, namely,

Sanjay N. Mehta and Mitesh Khara have filed their affidavits stating that the testator had executed the Will in their presence while possessing good health and fit state of mind.

Considering the above materials on record, this Court finds that the petitioner has proved the Will and is entitled to get probate. In view of the above, prayer (a) of the application is allowed subject to completion of all formalities.

At the time of grant of probate, a copy of the Will be made as part of the probate.

PLA/23/2020 is disposed of.

(KRISHNA RAO, J.) sp3