Mahendra Nensi Bhakta v. Vijaysinh Alias Vijaysingh Gordhandas Kapadia (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th September 2024.

CALLED FOR COMPLIANCE :

28. TP/632/2024 [Original] (ECHCBM02210702023) with WILL/263/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayesh R. More i/b Gurudas V. Takke, Advocate 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 Mahendra Nensi Bhakta, being the Sole Executor named under the Will of the deceased. Deceased Vijaysinh alias Vijaysingh Gordhandas Kapadia, said to have died at Mumbai on 08.11.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. More, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 23.07.2017. The said Will is in English language.

3. Mr. More, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted by the Ld. Advocate for the Petitioner that though in the Petition it is not mentioned that the parents of the deceased pre-deceased the deceased, the death certificates of the parents of the deceased are now available and he may be permitted to upload the same during the course of the day. The Ld. Advocate is permitted to upload the said certificates of the parents of the deceased during the course of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the day. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that after the death of the deceased, the heirs and legal representatives of deceased tried to get settled the matter between them and heirs hence, the Petition is not filed. In the circumstances, the delay in filing the above Petition be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow, married daughter and two sons of the deceased as mentioned in para - 9 are on record. Affidavit of Deepen Mansinh Kapadia, 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.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

19.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master