Milan Navinchandra Shah v. Navinchandra Maniklal Shah (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th April, 2024 CALLED FOR DIRECTION:

75. TP/505/2024 (ECHCBM02147472023) with WILL/236/2024 Ms. Dhanashree Pawaskar, Adv. i/b. for Kenny Thakkar the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Corrected Order 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 Milan Navinchandra Shah being the sole Executor named under the Will of the deceased. Deceased Navinchandra Maniklal Shah said to have died at Mumbai on 24.01.2020. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Pawaskar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.07.2017. The said Will is in English language.

3. Ms. Pawaskar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The deceased had no other son or daughters. Save and except as mentioned in para -9, there are no other legal heirs left by the deceased. The Ld. Adv. for the petitioner submits that the Petitioner states that he was not aware

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) about any legal procedure for obtaining the said flat which shown in the schedule I on his name and was also not familiar with the legal work. The Petitioner at no point of time, said flat was required to be transferred as nothing to that effect was decided amongst. The delay so caused was on account of the circumstances which were beyond the control of the petitioner and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow and two married daughters of the deceased as mentioned in para 8 are on record. Affidavit of Rajul Jayendra Shah, 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 24.04.2024