Bombay High CourtTP/21/2024grant issued

Bhargav Chunilal Patel Alias Bhargav C. Patel v. Chunilal Alias Chunilal Kanjibhai Patel Alias Chunibhai K Patel (Deceased)

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

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th April, 2024.

CALLED FOR COMPLIANCE:

26. TP/21/2024 (ECHCBM02201752023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sudhir Yadav i/b Prachi, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Bhargav Chunilal Patel alias Bhargav C. Patel, being the Sole Executrix named under the Will of the deceased. Deceased Chunilal alias Chunilal Kanjibhai Patel alias Chunibhai K. Patel said to have died at Navsari, on 21.03.2021. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Pan Card is annexed to the Petition.

2. Mr. Yadav, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 20.03.2019. The said Will is in English language.

3. Mr. Yadav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased are predeceased to the deceased. The said deceased left no other daughters and no other sons. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of one son of the deceased as mentioned in para - 8 is on record. Affidavit of Sunil Patel, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the 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 04.04.2024