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Bombay High CourtTP/1358/2024grant issued

Kumar Rasiklal Mehta v. Shaileshkumar Bachubhai Mehta Alias Shailesh Bachubhai Mehta

2024-07-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th July 2024.

CALLED FOR COMPLIANCE:

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47. TP/1358/2024 [Original] (ECHCBM02212452023) Ms. Prachi Badani i/b Pravin Mehta and Mithi & Co., 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 Kumar Rasiklal Mehta, being the Sole Executor named under the Will of the deceased.

Deceased Shaileshkumar Bachubhai Mehta alias Shailesh Bachubhai Mehta, said to have died at Surat, Gujarat on 05.12.2021. 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. Badani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.09.2019. The said Will is in English language.

3. Ms. Badani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased have predeceased the deceased. The Deceased was survived by his Widow and Two Sons only. The deceased had no Daughter and no other Son.

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

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4. Petitioner's Oath is filed. Consent Affidavits of widow and two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Dr. Samrat D Shah, one of the attesting witnesses 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.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

15.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master