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Bombay High CourtTP/1867/2024grant issued

Derek Michael Shah v. Henry Hilarian Benedict (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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33. TP/1867/2024 [Original] (ECHCBM02237942023) Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Derek Michael Shah, being the Sole Executor named under the Will of the deceased. Deceased Henry Hilarian Benedict alias Henry Hilarian Benedict Son of Benedict Remejius alias Henry Benedict, said to have died at Mumbai on 27.03.2023. 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. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 04.03.2023. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925 applicable to Christian. It is submitted that the Deceased had no son, he had only four Daughters. The wife of the Deceased Mrs. Elizabeth Benedict died on 03-10-2017 and Exhibit 'D' to the Petition is a Photo Copy of her Death Certificate. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of four married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Sarika Kumar, 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