Bombay High CourtTP/1877/2024grant issued

Parag Kantilal Gala v. Kantilal Karamshi Gala (Deceased)

2024-10-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th October, 2024 CALLED FOR DIRECTION:

39. TP/1877/2024 Mr. Kaivalya M. Raul, Adv. i/b. Neel Anil Gala for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02014672024) with WILL/727/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Parag Kantilal Gala And Rahul Kantilal Gala, being the Executors named under the Will of the deceased. Deceased Kantilal karamshi Gala, said to have died at Mumbai on 04.05.2021. 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. Mr. Raul, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 17.02.2020. The said Will is in English language.

3. Mr. Raul, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioners' Oath are filed. The Other two

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) executrices Deenaa Parag Kantilal Gala alias Deena Parag Gala and Vidul Rahul Kantilal Gala alias Vidul Rahul Gala have filed their affidavit dated 29.02.2024 reserving the rights as executrices. Consent Affidavits of widow and married daughter of the deceased as mentioned in para 8 are on record. Affidavit of Haresh Fulchand Bheda alias Haresh Fulchmd Shah, 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 11.10.2024