Mukesh Madhusudan Sheth v. Kirit Vrajlal Babaria (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

Ms. Jaya Joil Bagwe, Adv. for the Petitioner. P. C. :

1. Perused the Praecipe dated 17.10.2024.

The Ld. Adv. for the Petitioner submitted that in Para 4 in order dated 10.10.2024 name of the other executor is erroneously mentioned as "Joshi" instead of "Doshi".

2. In Para 4 of the Order dated 10.10.2024 the word "Joshi" is substituted as "Doshi".

3. It is made clear that rest of the order dated 10.10.2024 remains as it is.

4. Praecipe dated 17.10.2024 is disposed of.

5. For the sake of convenience, the corrected order dated 10.10.2024 read as under ;

6. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Mukesh Madhusudan Sheth, being one of the Executors named

Contd.. ..2/- under the Will of the deceased. Deceased Kirit Vrajlal Babaria, said to have died at Mumbai on 20.10.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

7. Ms. Bagwe, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.09.2021. The said Will is in English language.

8. Ms. Bagwe, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and elder son, Sharad Kirit Babaria pre-deceased the deceased. Exhibit - D to the Petition is the copy of death certificate of the elder son of the deceased. Save and except as mentioned in para - 7, there are no other legal heirs left by the deceased.

9. Petitioner's Oath are filed. The other Executor, Ashwin Kodarlal Doshi has filed his Affidavit dated 08.07.2024 renouncing his rights as Executor. Consent Affidavits of wife, son, daughter-in-law, grandson and grand daughter of the deceased as mentioned in para - 7 are on record.

Affidavit of Dr. Mukesh J. Shah, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

Contd.. ..2/-

10. 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 22.10.2024