Pradeep Harendra Dave v. Manjula Yeshwantrai Dave Alias Manjula Yeshwant Dave

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th July, 2024 CALLED FOR DIRECTION:

Mrs. Jacinta, Adv. for Petitioners.

(ECHCBM02174932023) 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 Pradeep Harendra Dave and Parth Dinesh Dave being the Executors named under the Will of the deceased.

Deceased Manjula Yeshwantrai Dave alias Manjula Yeshwant Dave said to have died at Mumbai on 23.04.2020. 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. Mrs. Jacinta, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 21.01.2019. The said Will is in Gujrati language. The official English translation of the Will is on record.

3. Mrs. Jacinta, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Deceased had no issues.

The parents of the deceased, predeceased the deceased. The husband of the deceased Mr. Y eshwant Rasiklal Dave predeceased the deceased, he having expired on 26th Contd.. 2/- November, 2017. A copy of the Death Certificate of Mr. Y eshwant Rasiklal Dave is annexed as Exhibit 'C' to the petition Mr. Mukund Rasiklal Dave, a brother of the deceased's husband predeceased the deceased, a copy of the death certificate is annexed as Exhibit 'D' to the petition. Mr.

Devendra Rasiklal Dave, a brother of the deceased's husband, predeceased the deceased, a copy of the Death Certificate of Mr. Devendra Rasiklal Dave, the husband of6(a) above and father of6 (b) and 6 (c) above, is annexed as Exhibit 'E' to the petition. A copy of the Death Certificate of Kum. Harmila Rasiklal Dave, the spinster sister of the deceased's husband is Exh. F to the petition. Save and except as mentioned in para -5, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Society has recently advised the Petitioners to obtain appropriate legal representation in respect of the properties of the deceased. The Petitioners therefore pray that the delay in filing this Petition for Probate may be condoned. Thus, the delay is explained.

(ECHCBM02174932023

4. Petitioner's Oath is filed. Consent Affidavits of three brother in -laws, two sister in laws and two nieces of the deceased as mentioned in para 5 are on record. Affidavit of Mayur Govindji Shah, one of the attesting witness to the Will is 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.

Contd.. 3/- (ECHCBM02174932023 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 26.07.2024