Krishnakant Vasantlal Minawala v. Kantaben Vasantlal Minawala Alias Kanta V. Minawala (Deceased)
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th March, 2024.
CALLED FOR COMPLIANCE:
45. TP/15/2024 Mrs. Chhaya Parab i/b Shah and Sanghavi, 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 Krishnakant Vasantlal Minawala and Mohini Krishnakant Minawala, being the Executor/Executrix named under the Will of the deceased. Deceased Smt. Kantaben Vasantlal Minawala alias Kanta V. Minawala,, said to have died at Mumbai on 31.07.2023.
Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.
2. Mrs. Parab, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 26.09.2022. The said Will is in English language.
3. Mrs. Parab, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased have predeceased the deceased. The husband of the deceased has pre-deceased the deceased on 1st August, 2015. EXHIBIT- "F" to the Petition is a photocopy of the death certificate of Late Vasantlal Danabhai Minawala as issued by ...2/-
MCGM dated 5th August, 2015. One of the son of the deceased namely Suryakant Vasantlal Minawala has pre-deceased the deceased on 26th February, 2011. EXHIBIT - "G" to the Petition is a photocopy of the death certificate of Late Suryakant Vasantlal Minawala as issued by MCGM dated 10th March, 2011. The daughter-in-law of the deceased namely Geeta Suryakant Minawala has also pre-deceased the deceased on 13th December, 2014.
EXHIBIT - "H" to the Petition is a photocopy of the death certificate of Late Geeta Suryakant Minawala as issued by MCGM dated 17'h December, 2014. The daughter of the deceased namely Veena Nitin Deshmukh nee Veena Vasantlal Minawala has also predeceased the deceased on 17th April, 2007. EXHIBIT- "I" to the Petition is a photocopy of the death certificate of Late Veena Nitin Deshmukh nee Veena Vasantlal Minawala as issued by MCGM dated 22nd August, 2023.
The grandson of the deceased namely Sameer Nitin Deshmukh died as a bachelor who predeceased the deceased on 17th September, 2004. EXHIBIT- "J" to the Petition is a photocopy of the death certificate of Late Sameer Nitin Deshmukh as issued by MCGM dated 29th August, 2023. The said deceased left behind no other sons and or daughters except the ones as mentioned in para -10. Save and except as mentioned in para - 10 there are no other legal heirs left by the deceased.
Contd. .. 2/- TP/15/2024
4. Petitioner's Oath is filed.
Consent Affidavits of grandson, married grand daughter, married grandson and husband of the predeceased daughter Veena Deshmukh as mentioned in para - 10 are on record.
Affidavit of Vijay S. Khara, one of the attesting witness to the Will is filed. Affidavit of service ..3/-
Contd. ..3/- of General Citation is filed. All the other Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.
TP/15/2024
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 12.03.2024