Bombay High CourtTP/84/2024grant issued

Pravinchandra Alias Pravin Ratilal Vora v. Saurabh Vipinchandra Desai Alias Saurabh V Desai Alias S V Desai (Deceased)

2024-04-22S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd April, 2024.

CALLED FOR COMPLIANCE:

71. TP/84/2024 [Original] (ECHCBM02066112023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Tanmayee Salekar, 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 the photocopy of Last Will and Testament of the deceased filed by the Petitioner Pravinchandra alias Pravin Ratilal Vora, being one of the Executors named under the Will of the deceased.

Deceased Saurabh Vipinchandra Desai alias Saurabh V. Desai alias S. V. Desai, said to have died at Mumbai, on 15.10.2019. 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. Salekar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 11.01.2001. The said Will is in English language.

3. Ms. Salekar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased. Exhibits - E and F to the Petition are the death certificates of the parents of the deceased. The deceased left no son and/or other daughter. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased. The Ld.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate for the Petitioner submits that as Petitioner being the senior citizen, is not available to file the Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executrix, Neeta Sheth has filed her Affidavit dated 10.04.2023 renouncing her rights as Executrix. Consent Affidavits of widow and married daughter. of the deceased as mentioned in para - 10 are on record.

Affidavit of Dr. Mahesh Javeri, 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 of photocopy of the last Will and Testament as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 22.04.2024