Bombay High CourtTP/536/2024grant issued

Jenny Mehul Shah Nee Jenny Pradip Acharya v. Late Pradip Mahashankar Acharya

2024-05-02Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd May, 2024.

CALLED FOR COMPLIANCE:

75. TP/536/2024 (ECHCBM02178992023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kaivan Kuvadia a/w Dhwani Daftary i/b Parag Shah, 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 the Petitioner Jenny Mehul Shah Nee Jenny Pradip Acharya, being one of the Executrix named under the Will of the deceased. Deceased Pradip Mahashankar Acharya died said to have died at Mumbai on 12.08.2022. 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. Kuvadia, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 24.01.2020. The said Will is in English language.

3. Mr. Kuvadia, 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 was survived by his wife Uma Pradip Acharya and a married daughter namely Mrs. Jenny Mehul Shah nee Jenny Pradip Acharya, who is the Petitioner.

Save and except as mentioned in para - 10 there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed.

The other Executrix, Uma Pradip Acharya and Mehul Sharad Shah are the other two executors appointed/ named under the Last Will and Testament of the Deceased have reserved their right to apply for the Probate of the said Will of the Deceased. Consent Affidavit of wife as mentioned in para - 10 is on record. Affidavits of Sharad Jagmohandas Shah, one the attesting witness to the Will is 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.

02.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master