Bombay High CourtTP/519/2024grant issued

Anilbhai Alias Anil Laxmichand Shah v. Jadavji Vijpal Savl (Deceased)

2024-10-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

11. TP/519/2024 Mr. Smeet Savla, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02093292023) with WILL/238/2024 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 Anilbhai alias Anil Laxmichand Shah, being one of the Executors named under the Will of the deceased. Deceased Jadavji Vijpal Savla, said to have died at Mumbai on 26.08.2022. 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. Mr. Savla, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 17.09.2013. The said Will is in English language.

3. Mr. Savla, 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. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The Other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Executor Nitin Shamji Shah has filed his affidavit dated 28.08.2023 renouncing his rights as Executor. Consent Affidavits of widow, one son and one daughter of the deceased as mentioned in para 9 are on record. There is Affidavit of service dated 09.08.2024 filed by Sheriff office showing the service of citation upon the non consenting legal heir i.e. son at Sr. No. 2 Para 9 of the Petition. Affidavits of Manilal Vasanji Salia and Navin Bhawanji Savla, both of the attesting witnesses to the Will are 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 22.10.2024