Bharat Jethalal Vora v. Jethalal Mulji Vora Alias Jethalal Murji Vora(Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th August, 2024 CALLED FOR DIRECTION:

17. TP/1882/2024 Mr. Uttam Rane, Adv. for the Petitioner.

[Original] (ECHCBM02046612024) with WILL/713/2024 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 Jethalal Vora being one of the Executors named under the Will of the deceased. Deceased Jethalal Mulji Vora Alias Jethalal Murji Vora, said to have died at Mumbai on 13.05.2019. 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. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 02.09.2015 and 04.09.2015. The said Will is in English language.

3. Mr. Rane, 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. That the wife of the deceased i.e. Kanchan Jethalal Vora died on 21.11.2004. Exhibit "E" to the petition is the copy of the death certificate of the wife

of the deceased. That the parents of the deceased are pre deceased to the deceased.

That the deceased had no other son and daughter. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the Petitioner states that he was not aware about any legal procedure for obtaining Probate and also were not familiar with the legal work. The Petitioner state that at no point of time, the said properties which mentioned in the schedule-I of the petition were require to be transferred as nothing to that effect was decided amongst the legal heirs of the deceased. The delay so caused was on account of the circumstances which were beyond the control of the Petitioner and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executor Daksha Bharat Vora has filed her affidavit dated 30th January 2024 renouncing her rights as Executrix. There is affidavit of service filed by Sheriff office dated 27.06.2024 showing service upon the non consenting legal heirs i.e. son of the deceased Rajesh Jethalal Vora and married daughter of the deceased i.e. Neeta Pankaj Dedhia Affidavits of Bhavin Dhansukh Shah and Bhavesh Lakhamshi Gada Alias Bhavesh Lakhamshmi Gada, both the attesting witnesses to the Will are 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 09.08.2024