Bombay High CourtTP/1166/2024grant issued

Alka Marezban Bharucha v. Narendra Jeewanlal Shah Deceased

2024-06-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st June 2024.

CALLED FOR COMPLIANCE:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Simon Mascarenhas i/b Mulla and Mulla & Craigie Blunt and Caroe, Advocate for Petitioners.

47. TP/1166/2024 [Original] (ECHCBM02223352023) 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 Alka Marezban Bharucha, Marezban Padam Bharucha and Dalpat Hasmukhlal Shah, being the Executrix/Executors named under the Will of the deceased. Deceased Narendra Jeewanlal Shah alias Narendrakumar Jeewanlal Shah alias Narendra J. Shah alias, N. J. Shah alias Narendra Shah alias N. Shah, said to have died at Mumbai on 07.07.2023. 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. Mascarenhas, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.02.2020. The said Will is in English language.

3. Mr. Mascarenhas, 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. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed.

Consent Affidavits of son and daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Niranjan Jeewanlal Shah, 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.

21.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master