Haritkumar Ramji Sheth v. Kalavati Pranlal Ramji Sheth Alias Kalavati Pranlal Sheth Alias Kalavati Pranalal Sheth

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th August, 2024 CALLED FOR DIRECTION:

41. TP/1392/2024 Ms. Dhruvika Bhayani, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02009432024) with WILL/505/2024 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 Haritkumar Ramji Sheth being one of the Executors named under the Will of the deceased. Deceased Kalavati Pranlal Ramii Sheth alias Kalavati Pranlal Sheth alias Kalavati Pranalal Sheth, said to have died at Mumbai on 11.04.2008. Copy of Death Certificate is annexed to the Petition. Copy of Voter ID of the deceased as ID Proof is annexed to the petition.

2. Ms. Bhayani , Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.09.2007. The said Will is in Gujarati language. The official English translation of the Will is on record.

3. Ms. Bhayani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased.

That the said deceased has no son or daughter born out of the wedlock. Save and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that That the Petitioner states that he was not aware about any legal procedure for obtaining the said properties which is shown in the schedule I on her name and was also not familiar with the legal work.

The delay so caused was on account of the circumstances which were beyond the control of the petitioner and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Other Executor Pranlal Ramjibhai Sheth, expired on 18.11.2023 and Exh. E is a copy of his death certificate. Consent Affidavits of co-sister in law and sister in law of the deceased as mentioned in para 9 are on record. The affidavit filed by Minal Mahedra Damani alias Minal Mahendra Damani is accepted in lieu of affidavits of attesting witnesses since both the attesting witnesses are expired and the Hon'ble Shri Justice Manish Pitale has passed the order on 27.02.2024 for accepting the said affidavit. 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 30.08.2024