Bombay High CourtTP/1866/2024grant issued

Vidyut Jayantilal Shah v. Bipinchandra Jamnadas Jariwala(Deceased)

2024-07-01Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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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32. TP/1866/2024 [Original] (ECHCBM02047362024) Mrs. Bina 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 Vidyut Jayantilal Shah,, being the Sole Executor named under the Will of the deceased. Deceased Bipinchandra Jamnadas Jariwala, said to have died at Mumbai on 12.06.2017. 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 her last Will and Testament which was duly executed at Mumbai on 30.06.2013. 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 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 was not aware about obtaining Legal Representation. The society has recently asked

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4. Petitioner's Oath is filed. Consent Affidavits of widow, two married daughters and two sons of the deceased as mentioned in para - 9 are on record. Affidavit of Dr. Naomi R. Joshi, 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