Bombay High CourtTP/1740/2024grant issued

Manish Amichand Shah v. Kanchanben Amichand Shah Alias Kanchan Amichand Shah

2024-08-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th August 2024.

CALLED FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

37. TP/1740/2024 [Original] (ECHCBM02235562023) Mrs. Darshana Dubey i/b D. R. Mishra, Advocate for the Petitioner.

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 Petitioner Manish Amichand Shah, being the Sole Executor named under the Will of the deceased. Deceased Kanchanben Amichand Shah alias Kanchan Amichand Shah, said to have died at Mumbai on 19.10.2014. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mrs. Dubey, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 09.06.2007. The said Will is in English language.

3. Mrs. Dubey, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband and daughter of the deceased pre-deceased the deceased. Exhibit - E and F are death certificates of Amichand H. Shah husband of the Deceased and Jyotsna Bhupendra Vora (Daughter of the deceased).

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 delay of filing this Petition be condoned as the concerned authority asked for probate to transfer the properties to beneficiary under the Will recently. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of three married daughters, Son-in-law, two grand daughters and one grandson of the deceased as mentioned in para - 9 are on record. Affidavit of Brahmdev R. Pandey, 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.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master