Bombay High CourtTP/355/2024grant issued

Pulin Balkrishna Shah v. Suveena Balkrishna Shah (Deceased)

2024-04-29Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th April, 2024.

CALLED FOR COMPLIANCE:

72. TP/355/2024 (ECHCBM02158722023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai with V. D. Chandane i/b Ankita Digesh Gala, 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 Petitioner Pulin Balkrishna Shah, being the Sole Executor named under the Will of the deceased.

Deceased Suveena Balkrishna Shah, said to have died at Mumbai on 24.01.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Mr. Desai, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on February 2022. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased pre-deceased the Deceased. The Husband of the Deceased Shri Balkrishna Dhirajlal Shah died on 01st May 2016. Exhibit - F annexed to the Petition is the copy of the Death Certificate of Shri Balkrishna Dhirajlal Shah. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

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

4. Petitioner's Oath is filed. Consent Affidavits of two married daughters of the deceased as mentioned in para - 9 are on record. Affidavit of Mukul Dhirajlal Shah, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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.

29.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master