Suchita Anup Gokarn v. Pratibha Vithalji Jobanputra (Deceased)

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

MENTIONED, NOT ON BOARD :

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1. TP/1127/2024 ECHCBM02239892023 Mr. S. U. Lakdawala, 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 Suchita Anup Gokarn, being the Sole Executrix named under the Will of the deceased.

Deceased Pratibha Vithalji Jobanputra alias Pratibha V. Jobanputra alias Pratibha Jobanputra, said to have died at Mumbai on 14.10.2022. 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. Lakdawala, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.03.2022. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said deceased died as spinster, the said deceased mother Mrs. Maniben Vithalji Jobanputra, died before 1973. The father of the Deceased Mr.

Vithalji Harji Jobanputra died before 1978. The said Deceased died leaving behind 2 Brothers and 3 Sisters of whom 2 Sisters and 2 Brothers all have expired prior to the death of deceased, (!) Mrs. Bhanumati Vasanji Kotecha died on 15-7-1998 Exhibit 'D' to the Petition is

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Photo copy of her death certificate. She died as widow, she had no daughter she had 2 sons out of whom 1 son, Mr. Rohit Vasanji Kotecha died as a Bachelor on 22-8-2000 he died in London U. K. (B) Mrs. Damyanti Pragji Jatania died as Widow on 21-01-2014. Exhibit 'E' to the Petition is a Photo copy of her death certificate. She had no Daughter, she had 3 Sons out of whom one Son, (ii) (1) Mr. Ajit Pragji Jatania died on 21-1-2016, Exhibit 'F' is Photo copy of his death certificate. He left behind Widow, 2 Sons. Mr. Ajit Pragji Jatania had no Daughter (iii) Mr. Ramesh Vithaji Jobanputra died as bachelor on 25-11-2012, Exhibit 'G' to the Petition is a Photo copy of his death certificate (iv) Mr.

Satyavrat Vithaji Harji Jobanputra Died on 6-12-2015 and Exhibit 'H' is Photo copy of his death certificate his wife Mrs. Madhuri Satyavrat Jobanputra expired on 22-7-2020. Exhibit 'I' is Photo copy of her death certificate, he died leaving behind 1 Son and 1 Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of one married sister, four nephew, one niece, one nephew's wife and two grand-nephews of the deceased as mentioned in para - 8 are on record. Affidavit of Pushpalata Adhyaru, one of the attesting witnesses 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.

19.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master