Viral Chandrakant Shah v. Bhavi Viral Shah (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th August 2024.

CALLED FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

18. TP/333/2024 [Original] (ECHCBM02204632023) with WILL/127/2024 Mr. Jayendra S. Shah, 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 Viral Chandrakant Shah, being one of the Executors named under the Will of the deceased.

Deceased Bhavi Viral Shah, said to have died at Mumbai on 18.10.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Shah, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 20.08.2021. The said Will is in English language.

3. Mr. Shah, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that save and except as mentioned in para - 9, there are no legal heirs left by the deceased.

4. Petitioner's Oath is filed. The other Executor, Sanjay Chandrakant Shah has filed Affidavit dated 11.09.2023 renouncing his right as Executor. Consent Affidavit of two minor sons filed through Guardian as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 9 is on record. Affidavit of Hemal Chandrakant Shah, 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 as prayed after verifying whether any Cross Petition or Caveat is filed.

16.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master