Bombay High CourtTP/385/2024grant issued

Mahendra Kanchanlal Shah v. Rajnikant Mangulal Shah

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:

75. TP/385/2024 (ECHCBM02213992023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Chirag Sancheti i/b Bulwark 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 Mahendra Kanchanlal Shah, being the Sole Executor named under the Will of the deceased. Deceased Rajnikant Mangulal Shah, said to have died at Mumbai on 15.01.2023.

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. Sancheti, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 08.11.2019. 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 and wife of the Deceased predeceased the Deceased and there was no child born out of their wedlock. 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 sisters, sister-in-law, two nieces and one nephew of the deceased as mentioned in para - 9 are on record. Affidavits of Rahul

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Keshavlal Gandhi and Navinchandra Natvarlal Sheth, both the attesting witnesses to the Will are 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.

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