Sheela Jayant Khatri v. Shailesh Jayant Khatri (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 3rd April 2024 CALLED FOR DIRECTION:

27. TP/10/2024 (ECHCBM02183162023) with WILL/5/2024 Ms. Neha Hande, Adv. for the Petitioner.

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1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Photo Copy of Last Will and Testament of the deceased filed by the Petitioner Sheela Jayant Khatri, being one of the Executrix named under the Will of the deceased. Deceased Shailesh Jayant Khatri, said to have died at Mumbai on 28.08.2021. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased is annexed as Id Proof of the deceased.

2. Ms. Hande, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.03.2021. The said Will is in English language.

3. Ms. Hande, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that deceased was unmarried and had no children. The deceased left behind his mother and father. There are no other son and daughter or legal heir of the deceased. Save and except as mentioned in para -9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. The other executor Jayant Vishanji Khatri has filed his affidavit dated 25th September 2023 renouncing his rights as executor. Affidavit of Yusuf Ammar Ayaz, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All affidavits are 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 03.04.2024