Bombay High CourtTP/8/2024grant issued

Virendra Bhagwandas Shah v. Shashikala Balkrishna Lakhotia (Deceased)

2024-04-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th April, 2024.

CALLED FOR COMPLIANCE :

29. TP/8/2024 (ECHCBM02150752023) WITH WILL/4/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nandkishor Supal i/b. Ms. Divya Shah Associates, Advocate for petitioners.

P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Virendra Bhagwandas Shah and Sunil Satnarayan Jhunjhunwala, being both of the Executors named under the Will of the deceased. Deceased Shashikala Balkrishna Lakhotia, said to have died at Mumbai on 20.04.2022. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Mr. Nandkishor Supal, Advocate for Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 09.06.2016. The said Will is in English language.

3. Mr. Nandkishor Supal, Advocate for Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that parents and husband of the deceased predeceased the deceased. Exhibit 'C' to the petition is a copy of death certificate of the husband of the deceased. Son of the deceased Rajiv Lakhotia

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) died at Mumbai on 13.12.2006 and Exhibit 'D'

to the petition is a copy of his death certificate. Second son Sunil Lakhotia died at Mumbai on 26.01.2016 and Exhibit 'E' to the petition is copy of death certificate. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son, daughter, grand-daughter, two grand-sons and two unmarried granddaughters as mentioned in para - 8 are on record. Affidavit of Motilal Bharatlal Kedia, one of the attesting witness to the Will is also filed. Affidavit of service of General Citation is filed. All the other Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.04.2024