Mahendra Kanchanlal Shah v. Chandrika Rajnikant Shah (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th April, 2024 CALLED FOR DIRECTION:

503. TP/325/2024 WITH WILL/117/2024 Mr. Chirag Sancheti, Adv. i/b. Bulwark Solicitorsfor 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 Mahendra Kanchanial Shah, being the sole Executor named under the Will of the deceased. Deceased Chandrika Rajnikant Shah alias Smt. Chandrikaben Rajnikant Shah alias Smt. Chandrika R.

Shah, said to have died at Mumbai on 14.10.2017. 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. Mr. Sancheti, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 25.09.2014. The said Will is in English language.

3. Mr. Sancheti, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The husband of the deceased died on 15th January, 2023 The deceased has no child born out of their wedlock. Save and except as mentioned in para -9, there are no other legal heirs and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that The Petitioner states that heirs of the deceased are scattered to various places and hence it has taken some time for the Petitioner and heirs and legal representatives of the Deceased to collect and ascertain the details of the Property and Credits of the Deceased, and hence there is delay in filling this petition. The Petitioner, therefore, submits and prays that the delay in filing of this Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of three sister in law, two nieces and one nephew of the deceased of the deceased as mentioned in para 9 are on record. Affidavits of Mr. Kamlesh Jain and Mr. Divesh Shah, 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 26.04.2024