Bombay High CourtTP/1121/2024grant issued

Kavin Chimanlal Parikh v. Manjula Kavin Parikh (Deceased)

2024-06-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

40. TP/1121/2024 (ECHCBM02140352023) with WILL/388/2024 K Ms. Vasundhara Soni, Adv. i/b. Economic Laws Practice for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners 1) Mr. Kavin Chimanlal Parikh 2) Milan Kavin Parikh and 3) Mr. Saunak Jitendra Parikh, being Executors named under the Will of the deceased. Deceased Manjula Kavin Parikh alias Manjula Kavinchandra Parikh said to have died at Mumbai on 17.07.2017. 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. Soni, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 10.05.2017. The said Will is in English language.

3. Ms. Soni, Advocate for Petitioners 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 died leaving behind her husband, son and three daughters. Save and except as mentioned in para -9, there are no other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioners were only able to locate the original of the said Will sometime in the month of April 2023 and therefore there has been some delay in filing the Petition, which may be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed. Consent Affidavits of three daughters of the deceased as mentioned in para 9 are on record. Affidavits of Dr. Vikram Manilal Mehta and Atul Dilipsinh Sampat, both 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 24.06.2024