Bharat Shamaldas Vora v. Shamaldas Chhaganlal Vora Alias Shamaldas C Vora Alias Vora Shamaldas Chhaganlal(Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 1st July 2024.

CALLED FOR COMPLIANCE:

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31. TP/1865/2024 [Original] (ECHCBM02029322024) Mrs. Bina S. Shivhare , 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 Bharat Shamaldas Vora, being one of the Executors named under the Will of the deceased. Deceased Shamaldas Chhaganlal Vora alias Shamaldas C Vora alias Vora Shamaldas Chhaganlal, said to have died at Mumbai on 16.12.2019. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mrs. Shivhare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 22.11.2019. The said Will is in English language.

3. Mrs. Shivhare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother and wife of the deceased predeceased the deceased. The deceased left no other sons and no other 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 the Petitioner has recently traced out the

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4. Petitioner's Oath is filed.

The other Executor, Anil Shamaldas Vora has filed Affidavit dated 04.02.2024 reserving his rights as Executor. Consent Affidavits of two married daughters and son of the deceased as mentioned in para - 9 are on record. There is Affidavit of service dated 04.06.2024 filed by Sheriff's office upon non-consenting legal heir, Sudha Mukesh Bhalaria. Affidavit of Bharat Mohanlal Pathak, 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.

01.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master