Bombay High CourtTP/1527/2024grant issued

Tarunkumar Jayantilal Shah v. Bipin Tribhovandas Panchal S O Tribhovandas Chhaganlal Panchal,

2024-06-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi BEFORE : SHRI S. S. AGATE Addl. Registrar (O. S.) / Addl.

Prothonotary and Senior Master DATE: 25th June, 2024 CALLED FOR COMPLIANCE :

TP/1527/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Wani i/b. Ms. Seema Hunnurkar and Associates, Advocate for the petitioner.

(ECHCBM0223694 2023) WITH WILL/584/2024 P.C.:

1. Perused Petition which is filed on-line. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Tarunkumar Jayantilal Shah being the Sole executor named under the Will of the deceased. Deceased Bipin Tribhovandas Panchal S/o. Tribhovandas Chhaganlal Panchal, said to have died at Dubai, U.A.E. on 02.03.2023. Copy of Death Certificate is annexed to the Petition. Identification proof of the deceased viz. Copy of Adhaar Card is annexed to the Petition.

2. Mr. Jayant Wani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 22.11.2022. The said Will is in English language.

3. Mr. Jayant Wani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the The Parents of the deceased are predeceased the deceased. The wife of the deceased died on 4th day of December, 2018, Exhibit-"D" is a copy of her death certificate. The deceased left one son and one Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. ....2

Pallavi CONTD.

- 2 - TP/1527/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 of the petition is on record. There is Affidavit of Service dated 21.06.2024 filed by the Sheriff's Office showing service upon non-consenting legal heir i.e. daughter of the deceased. Affidavits of Nitin Dhirajlal Sanghrajka and Bipin Devshankar Joshi, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. Affidavits are filed on-line. All other legal formalities are complied with. Hence, Petition is granted. (ECHCBM0223694 2023) WITH WILL/584/2024

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed. 25.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master