Dr Mukesh Jayantilal Kuvadia v. Nalini Jayantilal Kuvadia (Deceased)

Pallavi Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th August 2024.

CALLED FOR COMPLIANCE :

14. TP/1421/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Urvi Patel i/b. M/s. M M Patel & Co., for the petitioner.

(ECHCBM02007452024) WITH WILL/532/2024 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 Dr. Mukesh Jayantilal Kwadia, being the Sole Executor named under the Will of the deceased. Deceased Nalini Jayantilal Kuvadia, said to have died at Mumbai on 24.06.2023.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Patel, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 28.03.2013. The said Will is in English language.

3. Ms. Patel, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that both the parents of the said deceased, pre-deceased the said deceased. The Petitioner states that save and except those mentioned hereinabove the deceased had no other legal heirs. The husband of the deceased has consented for the grant of the Probate to the Petitioner. Save and except as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 10, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of husband of the deceased as mentioned in para - 10 is on record. There is Affidavit of Service is filed by the Sheriff's Office dated 24th July, 2024 showing the service upon the daughter of the deceased. The said packet containing citations is received unclaimed. The Ld. Advocate for the petitioner submits that unclaimed is a good service. Affidavit of Abhay Das, 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.

07.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master