Hemanshu Lalitbhai Kapadia v. Inderraj Biharilal Kapoor (Deceased)

Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th June, 2024 CALLED FOR DIRECTION:

30. TP/1019/2024 (ECHCBM02232012023) with WILL/328/2024 Ms. Swati Mathkar, Adv. for the Petitioner.

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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 Hemanshu Lalitbhai Kapadia being the sole Executor named under the Will of the deceased. Deceased Inderraj Biharilal Kapoor alias Inderraj Kapoor, said to have died at Mumbai on 25th June, 2023.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhar Card of the deceased as ID Proof is annexed to the petition.

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2. Ms. Swati Mathkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 02.08.2021.

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3. Ms. Swati Mathkar, 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 as a bachelor. Exhibit "D" to the Petition is a copy of the Death Certificate of the brother of the deceased viz., Harbhagwan Biharilal Kapoor.

The Deceased had no other brother and sister .... 2 ) ) ) ) ) )

) : 2 :

Save and except mentioned in the Para No.

8 of the Petition, the deceased has left no other legal heirs.

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4. Petitioner's Oath is filed. Consent Affidavit of niece of the deceased (daughter of Harbhagwan Hiharilal Kapoor, brother of the deceased) as mentioned in para 8 is on record. Affidavit of Mr. Sahil Sajid Ahmed Khan, the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

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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 11.06.2024