Bombay High CourtTP/1016/2024grant issued

Bhavana Naresh Vora v. Kundanlal Chaganlal Shah (Deceased)

2024-07-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th July, 2024 CALLED FOR DIRECTION:

49. TP/1016/2024 Ms. Neha Umesh Mishra, Adv. i/b. Karan Gandhi for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02194932023) with WILL/327/2024 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 Bhavana Naresh Vora and Unnati Chetan Gosalia being the Executrices named under the Will of the deceased. Deceased Kundanlal Chaganlal Shah said to have died at Mumbai on 09.07.2018. 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. Mishra, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 20.02.2018. The said Will is in English language.

3. Ms. Mishra, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and wife of the deceased predeceased the deceased.

Deceased. The said deceased died leaving behind six married daughters and no son .

Save and except as mentioned in para -6,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay in making present Petition is on account of the fact that Petitioners were ignorant and unaware of obtaining any legal representation. Hence this Hon 'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioners' Oath is filed. Consent Affidavits of four married daughters of the deceased as mentioned in para 6 are on record. Affidavits of Ms. Disha Naresh Vora, and Ms. Nilomi Rohit Shah, both the attesting witnesses to the Will are 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 19.07.2024