Bombay High CourtTP/1419/2024grant issued

Abhay Jitendra Mehrotra v. Sushma Jitendra Mehrotra

2024-07-31Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

21. TP/1419/2024 Ms. Neha Kodape, Adv. i/b. Tyabji Dayabhai for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02026802024) with WILL/530/2024 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 Abhay Jitendra Mehrotra being one of the Executors named under the Will of the deceased. Deceased Sushma Jitendra Mehrotra said to have died at Mumbai on 20.10.2023. 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. Ms. Kodape, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.06.2015. The said Will is in English language.

3. Ms. Kodape, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The Deceased was a widow. Her husband Jitendra Narottamdas Mehrotra pre-deceased the Deceased on 15th April 2010. A copy of the Death Certificate of the said Jitendra Narottamdas Mehrotra, husband of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased, is at Exh. E. The Deceased does not have a daughter. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The other Executor Rahul Jitendra Mehrotra has filed his Affidavit dated 20th February 2024 reserving his rights as Executor. Consent Affidavit of son of the deceased as mentioned in para 9 is on record. Affidavit of Nimish Jayant Vakil, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 31.07.2024