Bombay High CourtTP/297/2024grant issued

Vijay Rajmal Jhaveri v. Rajmal Motilal Jhaveri

2024-05-03Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

34. TP/297/2024 (ECHCBM02078802023) with WILL/97/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Abhishek Singh, Adv. i/b. Pankaj R. Dubey 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 Vijay Rajmal Jhaveri being one of the Executor named under the Will of the deceased. Deceased Rajmal Motilal Jhaveri said to have died at Mumbai on 04.06.2020.

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. Mr. Singh, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12.02.2020. The said Will is in English language.

3. Mr. Singh, 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 predeceased the deceased.

Exhibit "E" to the petition is the copy of death certificate of wife of the decdeased.

The Deceased had three sons and one daughter. 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 two Executors Shirish Jhaveri and Sunil Jhaveri have filed their affidavits dated 21st April 2023 renouncing their rights as Executors.

Consent Affidavits of two sons and one daughter of the deceased as mentioned in Para 9 are on record. Affidavit of Shirish Rajmal Jhaveri, 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 03.05.2024