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Bombay High CourtTP/1433/2024grant issued

Rajesh Jaisukhlal Sheth Alias Rajesh Jaysukhlal Sheth v. Nirmala Jaisukhlal Sheth Alias Nirmala Jaysukhlal Sheth (Deceased)

2024-09-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th September 2024.

CALLED FOR COMPLIANCE :

Ms. Dhruvika Bhayani, Advocate for Petitioners.

31. TP/1433/2024 [Original] (ECHCBM02009452024) with WILL/543/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Rajesh Jaisukhlal Sheth alias Rajesh Jaysukhlal Sheth and Sanjay Jaisukhlal Sheth alias Sanjay Jaysukhlal Sheth, being the Executors named under the Will of the deceased. Deceased Nirmala Jaisukhlal Sheth alias Nirmala Jaysukhlal Sheth, said to have died at Mumbai on 03.06.2012. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter ID is annexed to the Petition.

2. Ms. Bhayani, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 23.08.2007. The said Will is in English language.

3. Ms. Bhayani, Advocate for Petitioners 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. Exhibit - F is the copy of death certificate of the husband of the deceased. The said deceased has no other son or daughter born out of the wedlock. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate for the Petitioner submits that the Petitioners were 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 petitioners and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Mr. Pranlal Ramjibhai Sheth has expired on 18.11.2023 and Exhibit "D" is the copy of the death certificate of Mr. Pranlal Ramji Sheth. Consent Affidavits of one married daughter and six married grand daughters of the deceased as mentioned in para - 9 are on record.

Affidavit of Haritkumar Ramji Sheth, 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.

19.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master