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Bombay High CourtTP/1048/2024grant issued

Kamal Pushpendra Mehta v. Parimala Pushpendra Mehta (Deceased)

2024-10-04Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th October, 2024 CALLED FOR DIRECTION:

26. TP/1048/2024 Ms. Unnati Gala, Adv. i/b. Purnanad & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02089412023) with WILL/352/2024 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 Kamal Pushpendra Mehta, son of Late Mrs. Parimala Pushpendra Mehta, being the Executor named under the Will of the deceased. Deceased Mrs. Parimala Pushpendra Mehta, wife of Mr. Pushpendra Jethalal Mehta, said to have died at Mumbai on 10.05.2021. 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. Gala, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.11.2020. The said Will is in Gujrati language. The official English translation of the Will is on record.

3. Ms. Gala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceased left husband, daughter and two sons. Save and except as mentioned in para -8, there are no other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of husband, daugher and son of the deceased as mentioned in para 8 are on record. Affidavit of Jayant Jethalal Mehta, 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 04.10.2024