Mahesh Kantilal Vora v. Vasantkumar Jivanlal Mehta (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th September, 2024 CALLED FOR DIRECTION:

58. TP/319/2024 Ms. Jyoti Badgujar, Adv. i/b. S. U. Lakdawala for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02192282023) with WILL/111/2024 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 Mahesh Kantilal Vora being the sole Executor named under the Will of the deceased. Deceased Vasantkumar Jivanlal Mehta, alias Vasantbhai J. Mehta alias Vasant Kumar Jivanlal Mehta said to have died at Mumbai on 11.08.2019. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.06.2018 The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the mother of the deceased predeceased the deceased. The deceased married twice. First wife of the deceased also predeceased the deceased leaving behind one son and one daughter. Deceased had one son and one daughter from first

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) wife. Deceased than married to Mrs.

Vanitaben Vasantbhai Mehta from the said wedlock he had only 2 Daughters she had no Son. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the delay, in filing the present Petition is on account of the fact that Petitioner was Ignorant and unaware of obtaining any legal representation recently he has been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice.

Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and daughter from first wife of the deceased as mentioned in para 8 are on record. There is affidavit of service from Sheriff office dated 01.08.2024 showing service upon second wife and two daughters as mentioned in para 8. Affidavits of Dr. Jitendra Premshankar Trivedi, and Prafulchandra Gulabchand Karania, both the attesting witnesses to the Will are 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 06.09.2024