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Bombay High CourtTP/1622/2024grant issued

Binny Vinod Shah v. Veena Vinod Shah (Deceased)

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:

24. TP/1622/2024 Mr. Miraj R. Bharapuria, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02030022024) with WILL/608/2024 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 Binny Vinod Shah being one of the Executors named under the Will of the deceased. Deceased Veena Vinod Shah said to have died at Mumbai on 13.02.2023.

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. Mr. Bharapuria, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.06.2013. The said Will is in English language.

3.

Mr. Bharapuria, Advocate for the Petitioner 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. Exh. E is a copy of death certificate of the husband of the deceased.

The deceased has no other son and no daughter from the wedlock. 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 Nitin Vinod Shah, has filed his affidavit dated 1st February, 2024 renouncing his rights as Executor. Consent Affidavit of son of the deceased as mentioned in para 9 is on record. Affidavits of Karishma Binny Shah, and Nisha Nitin Shah, both the attesting witnesses to the Will are 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