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Bombay High CourtTP/1146/2024grant issued

Riya Devang Mehta v. Indravadan Hiralal Mehta (Deceased)

2024-06-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th June, 2024 CALLED FOR DIRECTION:

25. TP/1146/2024 (ECHCBM02181642023) with WILL/398/2024 Ms. Maitri Malde, Adv. 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 Riya Devang Mehta being the sole Executrix named under the Will of the deceased. Deceased Indravadan Hiralal Mehta said to have died at Mumbai on 13.04.2023. 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. Malde, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 14.09.2022. The said Will is in English language.

3. Ms. Malde, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and wife of the deceased predeceased the deceased. Exh. D to the petition is a copy of death certificate of wife of the deceased. Deceased had no other son and no other daughter. 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 Affidavit of son of the deceased as mentioned in para 8 is on record. Affidavits of Hitendra Jayantilal Zaveri and Biren KumarpaI Shah, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All affidavits are filed onlne. 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 14.06.2024