Bombay High CourtTP/1284/2024grant issued

Abhay Kantilal Shah v. Indira Shashikant Shah Alias Indiraben Shashikant Shah (Deceased)

2024-07-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd July 2024.

CALLED FOR COMPLIANCE :

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40. TP/1284/2024 [Original] (ECHCBM02237742023) Ms. Juilee Ghadge, 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 Abhay Kantilal Shah, being one of the Executors named under the Will of the deceased. Deceased Indira Shashikant Shah alias Indiraben Shashikant Shah, said to have died at Mumbai on 04.12.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Ghadge, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 20.05.2016. The said Will is in English language.

3. Ms. Ghadge, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Deceased was survived by her Husband and Four Daughters only. The Deceased had no Son and no other Daughter.

Save and except as mentioned in para - 8 there are no other legal heirs or next of kin left by the deceased.

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4. Petitioner's Oath is filed. One of the Executor, Arun Ramchandra Sapre expired on 07.08.2020 and Exhibit - C is the copy of his death certificate. The another Executor, Bhavesh Thakurbhai Thakkar has filed his Affidavit dated 11.12.2023 renouncing his rights as Executor. Consent Affidavits of husband and four married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Randhir Ramanlal Parikh, 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.

23.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master