Shanta Harish Manek v. Mavji Dhanji Nanda (Deceased)

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

CALLED FOR COMPLIANCE:

28. TP/23/2024 (ECHCBM02202342023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nikita Sheth, 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 Shanta Harish Manek, being the Sole Executrix named under the Will of the deceased. Deceased Mavji Dhanji Nanda, said to have died at Mumbai, on 21.04.2021. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhaar Card is annexed to the Petition.

2. Ms. Sheth, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 19.11.2020. The said Will is in English language.

3. Ms. Sheth, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the the Deceased's wife - Lilbai Mavji Nanda died on loth March, 2023. Exhibit 'D' to the Petition is the true copy of the Death Certificate of Lilbai hlavji Nanda. The Deceased and his wife i.e. Lilbai Mavji Nanda have only three daughters and one son - 1) Ansuyaben Tarunbhai Bhadra, 2) Madhuri Jitendra Bhanushali, 3) Shanta Harish Manek and 4) Pursottam Mavji Nanda respectively.

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 two daughters of the deceased as mentioned in para - 8 are on record. There is Affidavit of service filed by the Sheriff's office dated 07.02.2024 for service of citation upon non-consenting legal heir (son of the deceased as mentioned in para - 8). The packet of citation has come back with a remark "Unclaimed" as mentioned in the affidavit of service. The Ld. Advocate for the Petitioner submits that Unclaimed is a good service. Affidavits of Rohit Shirishkumar Rajwade and Rajesh Ashok Salve, both the attesting witness to the Will are 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