Jalpa Yogesh Mapara (Erstwhile Jalpa Kuntal Dave) v. Sudha Yogesh Mapara (Deceased)

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd October, 2024.

CALLED FOR COMPLIANCE :

32.TP/475/2024 ECHCBM02060872023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Haleema Merchant i/b. M/s. Jani & Parikh, Advocate for the Petitioner.

with WILL/211/2024 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 Jalpa Yogesh Mapara Erstwhile Jalpa Kuntal Dave being the sole Executrix named under the Will of the deceased. Deceased Sudha Yogesh Mapara alias Sudha Mapara Alias Sudha Y. Mapara alias S. Y. Mapara said to have died at Mumbai on 10th October, 2018. 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. Ms. Haleema Merchant, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 8th August, 2008. The said Will is in English language.

3. Ms. Haleema Merchant, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents of the Deceased and husband of the said Deceased viz., Shri. Yogesh Mapara have predeceased the said Deceased. The said Deceased had one daughter as mentioned above. That Late Shri. Yogesh Mapara, husband of the Deceased, died on 10th July 2006 leaving ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

behind his widow and one daughter as mentioned above and had no sons. A copy of the death certificate of Shri. Yogesh Mapara is annexed as Exhibit "E" to the Petition. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in filing the present Petition may be condoned in the interest of justice. Thus, delay is explained.

4. Petitioner's Oath is filed. Affidavit of Nirav Chandrahas Jani, one of the attesting witness to the Will is 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 03.10.2024