Vikram Rasiklal Chinai v. Kunjlata Shashikant Patel(Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th August 2024.

CALLED FOR COMPLIANCE :

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13. TP/1893/2024 [Original] (ECHCBM02011742024) with WILL/718/2024 Ms. Samridhi Lodha i/b Kanga & Co., Advocate for Petitioners.

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 Vikram Rasiklal Chinai, Samir Mahesh Chinai and Darshana Ramesh Ogale, being the Executors/ Executrix named under the Will of the deceased. Deceased Kunjlata Shashikant Patel, said to have died at Mumbai on 26.06.2023.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Lodha, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 27.12.2020. The said Will is in English language.

3. Ms. Lodha, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Deceased died a widow. The husband of the Deceased, Shashikant Patel, predeceased the Deceased on 08.11.1996. The son of the Deceased, Arun S. Patel predeceased the Deceased and died on 21.12.2019 leaving behind his 2 (two) heirs viz. his wife Mrs. Rubaiyat Arun Patel and his daughter Ms.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Verushka Arun Patel. Copies of Death Certificates of husband of the Deceased, Shashikant Patel and son of the Deceased, Arun S. Patel are annexed Exhibits `E' and 'F' to the Petition. The father of the Deceased, Mr. Rasiklal Jivanlal Chinai predeceased the Deceased and died on or around 12.06.1992.

The mother of the Deceased, Smt. Urmila Rasiklal Chinai predeceased the Deceased and died on or about 03.04.1995. Save and except as mentioned in para - 8 and 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioners' Oath are filed. Consent Affidavit of grand daughter and daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Ashir R. Amin, 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.

12.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master