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Bombay High CourtTP/1832/2024grant issued

Atul Jayantilal Mehta v. Jayantilal Hathibahi Mehta Deceased

2024-06-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th June, 2024 CALLED FOR DIRECTION:

25. TP/1832/2024 (ECHCBM02011482024) with WILL/678/2024 Ms. Darshana Manjrekar, Adv. i/b. Ankita Digesh Gala 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 Atul Jayantilal Mehta being one of the Executors named under the Will of the deceased. Deceased Jayantilal Hathibhai Mehta said to have died at Mumbai on 06.01.2022. 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. Ms. Manjrekar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.12.2021. The said Will is in English language.

3.

Ms. Manjrekar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Exh. H to the petition is a copy of death certificate of the mother of the deceased. Deceased had no daughters. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased.

4. Petitioner's Oath is filed. The other executor Nishant Deepak Mehta has filed his affidavit dated 6th January 2024 renouncing his rights as executor. Consent Affidavits of widow and son of the deceased as mentioned in para 10 are on record. Affidavit of Sagar Deepak Mehta, one of the attesting witness to the Will is 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 27.06.2024