Bombay High CourtTP/1432/2024grant issued

Amit Mansukhlal Kapadia v. Mansukhlal Dwarkadas Kapadia

2024-07-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th July 2024.

CALLED FOR COMPLIANCE :

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14. TP/1432/2024 [Original] (ECHCBM02009172024) Mr. Sushil Inamdar i/b Ajit Shrikhande, Advocate for Petitioners.

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 Amit Mansukhlal Kapadia and Amishi Amit Kapadia, being the Executor/Executrix named under the Will of the deceased. Deceased Mansukhlal Dwarkadas Kapadia alias Mr.

Mansukhlal Dwarkadas Kapadia (Lal) alias Mr. Manubhai Kapadia alias Mr. Mansukhlal Dwarkadas alias Mr. M.D. Kapadia, said to have died at Mumbai on 21.04.2023. 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. Inamdar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.07.2020. The said Will is in English language.

3. Mr. Inamdar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased predeceased the deceased abovenamed. The wife of the deceased - Deviyani Mansukhlal Kapadia died on 07.09.2018. The deceased died as a widower. Save and except as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of married daughter of the deceased as mentioned in para - 9 is on record. Affidavit of Ritika Amit Kapadia, 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.

30.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master