Dharmendra Chimanlal Mehta v. Chandaben Chimanlal Mehta (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th August 2024.

CALLED FOR COMPLIANCE :

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37. TP/1780/2024 [Original] (ECHCBM02047272024) with WILL/650/2024 Mr. Sudhakar G. Lakhani, 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 the Petitioner Dharmendra Chimanlal Mehta, being one of the Executors named under the Will of the deceased. Deceased Chandaben Chimanlal Mehta, said to have died at Mumbai on 07.03.2018. 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. Lakhani, Advocate for the Petitioner submits that deceased left behind her, last Will and Testament which was duly executed at Mumbai, on 21.02.2018. The said Will is in English language.

3. Mr. Lakhani, 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. Exhibit - E to the Petition is the copy of death certificate of the husband of the deceased. The deceased had no other sons and daughters. 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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner states that the delay in filing present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation earlier. The Petitioner was recently advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other Executor viz. Ashok Chimanlal Mehta has reserved his right by filing Affidavit dated 16.04.2024. Consent Affidavits of son and two married daughters of the deceased as mentioned in para - 9 are on record. Affidavit of Dr. Sanjay Shah, 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.

27.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master