Pratibha Madhavji Majithia v. Ajita Laxmikant Majithia (Deceased)

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

504. TP/418/2024 WITH TP/418/2024 Ms. Natasha Bhot, Adv. for the Petitioner.

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1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Pratibha Madhavji Majithia, being the sole Executor named under the Will of the deceased. Deceased Ajita Laxmikant Majithia, said to have died at Dar-es Salaam Tanzania on 03.02.2021.

Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Ms. Bhot, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Dar-es Salaam Tanzania on 07.08.2015. The said Will is in English language.

3. Ms. Bhot, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and sister of the deceased predeceased the deceased. Parents of deceased father predeceased the deceased. The other brothers and sisters of the deceased's father have all predeceased the deceased. Save and except as mentioned in para -7, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of Usha P. Kakkad, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 26.04.2024