Bombay High CourtTP/1827/2024grant issued

Sheel Kamal Jain Alias Sheel Kamal Kant Jain v. Kamal Kant Jain Alias Kamal Kant Shital Prasad Jain

2024-09-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

30. TP/1827/2024 Ms. Suman Chauhan, Adv. i/b. Pranot P. Pawar for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02193172023) with WILL/668/2024 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 Shee1 Kamal Jain alias Shee1 Kamal Kant Jain and Sagarika Kamal Jain alias Sagarika Kamal Kant Jain, being the Executors named under the Will of the deceased. Deceased Kamal Kant Jain alias Kamal Kant Shital Prasad Jain, said to have died at Mumbai on 21.06.2023. 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. Chauhan, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 18.01.2024. The said Will is in English language.

3. Ms. Chauhan, 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. That the wife of the deceased viz. Neelima Kamal Kant Jain

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) pre-deceased to the deceased died on 08/08/2020. Exhibit "D" to the petition is a copy of Death Certificate of the wife of the Deceased. That the said deceased was survived by one Son and one Daughter, who are the Petitioners herein. That the said deceased had no other Son and 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. Affidavit of Raj Kiran Shah, 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 25.09.2024