Bombay High CourtTP/647/2024grant issued

Nemin Sidharth Shah v. Sidharth Manubhai Shah (Deceased)

2024-05-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th May, 2024.

CALLED FOR COMPLIANCE :

39. TP/647/2024 (ECHCBM02233732023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. V. K. Rajbhar i/b Mansi Shah, 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 Nemin Sidharth Shah, being the Sole Executor named under the Will of the deceased. Deceased Sidharth Manubhai Shah, said to have died at Raipur at Chhattisgarh on 29.10.2023. 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. Rajbhar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 28.02.2016. The said Will is in English language.

3. Mr. Rajbhar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased predeceased the deceased. The deceased died leaving behind his widow and only son (the Petitioner herein) and had no daughter. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of widow of the deceased as mentioned in para - 9 is on record. Affidavit of Pranay Narendra Kothari, 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.

06.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master