Hemant Chinubhai Mehta v. Sharda Chinubhai Mehta

SLG BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 27th September, 2024 CALLED FOR COMPLIANCE :

34 TP/1686/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sandeep Dhanagar i/b. Vipul Shukla, Advocate for petitioner P.C.:

Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner to comply with the requisitions raised are as under :

1) Upon perusing of the Will, specifically para No. 5, which reads as under :

"I hereby bequeath and give my said undivided joint share, right, title and interest whatsoever in the said Flat No. 23 in building "Sunbeam" in favour of my granddaughter Mrs. Riddhi Ashutosh Mandella, daughter of Shri Hemant Chinubhai Mehta absolutely. My no other legal heirs will have any right or claim whatever in my said Flat in building "Sunbeam Building".

It is noticed that deceased bequeathed her 50% joint share in flat which is only property mentioned in Schedule I of the petition to her granddaughter namely Mrs. Riddhi Ashutosh Mandella. Also, it has been mentioned that my no other legal heirs will have any right or claim whatever in my said flat in building namely "Sunbeam Building".

Hence, Ld. Advocate for petitioner to explain capacity of petitioner to file this petition as Letters of Administration with Will.

2) Upon perusing the Will, it is noticed that on page No. 2, two dates are mentioned i.e. 22nd June, 2018 in typed form and 28/06/2018 in handwritten form. Hence, Ld. Advocate to explain date of execution of Will.

3. To comply with the provisions of Rule 383 of the Bombay High Court (Original Side) Rules, 1980

4. To file consent Affidavits of legal heirs. S. O. to 21.10.2024.

27.09.2024 FIRST ASSISTANT MASTER

SLG