Mithul Shailesh Mehta Alias Mitul Shailesh Mehta v. Bhavna Kishor Kanakia Alias Bhavana Kishor Kanakia

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

18. TP/1095/2024 Mr. Pritesh A. Parmar, Adv. A/w. Kaivalya M. Raul i/b. Neel Anil Gala for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02187052023) with WILL/374/2024 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 Mithul Shailesh Mehta alias Mitul Shailesh Mehta and Shailesh Madhavlal Bhutka, being the Executors named under the Will of the deceased.

Deceased Bhavna Kishor Kanakia alias Bhavana Kishor Kanakia, said to have died at Mumbai on 18.06.2023. 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. Mr. Parmar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 12.06.2023. The said Will is in English language.

3. Mr. Parmar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. said Deceased died on 18/06/2023. The Husband of the Deceased, Kishor Lallubhai Kanakia, died on

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 06/02/2022. The mother of the Deceased, Smt.

Taramati Ramniklal Mehta predeceased the deceased. The Father of the Deceased Shri Ramniklal Karsandas Mehta predeceased the deceased. The married daughter Payal Krunal Mehta has predeceased the deceased on 23rd day after her marriage without leaving being legal heir i.e. any son or daughter. The married daughter's husband has remarried again.

Save and except as mentioned in para -9 & 10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioners Oath are filed. Consent Affidavit of son of the deceased as mentioned in para 9 is on record. Affidavits of Mithul Shailesh Mehta alias Mitul Shailesh Mehta and Shailesh Madhavlal Bhutka, 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 31.07.2024