Bipin Babubhai Desai v. Parvatiben Babubhai Desai (Deceased)

msm Before : Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd August, 2024 CALLED FOR COMPLIANCE :

25.TP/1405/2024 ECHCBM02003652024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. D. R. Mishra, Advocate for the Petitioner. WITH WILL/516/2024 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 Bipin Babubhai Desai, being the Sole Surviving Executor named under the Will of the deceased. Deceased Parvatiben Desai alias Parvatiben Babubhai Desai alias Parvati Babubhai Desai, said to have died at Mumbai on 28.11.2018. 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. Mr. Mishra, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 07.07.2005. The said Will is in Gujarati language. The Ld. Advocate for the Petitioner has filed Affidavit dated 19th August, 2024 for translation of the Will.

3. Mr. Mishra, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased pre-deceased the deceased. Exhibit-"F", "G" & "H" to the Petition is the copy of death certificate of the husband, son and daughter-in-law of the deceased. Save and except as mentioned in para - 9, there are no legal ..2/-

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heirs left by the deceased. The Ld. Advocate for the Petitioner submits that delay of filing this petition may be condoned as the concerned Authority asked for probate to transfer the property to the beneficiary recently. Thus, the delay is explained.

4. Petitioner's Oath is filed. The another Executor Nagarji Naranji Desai died on 11.11.2012. Exhibit - C to the Petition is the copy of his death certificate. Consent Affidavits of two grandsons of the deceased as mentioned in para - 9 are on record. There is Affidavit of bailiff dated 12.07.2024 proving service upon non-consenting legal heirs i.e. three married daughters of the deceased. Affidavit of Bharat Himmatlal 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. Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 23.08.2024