Bombay High CourtTP/1901/2024grant issued

Kashyap Kishorbhai Pattani v. Paresh Gulabrai Parekh (Deceased)

2024-09-03S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd September 2024.

CALLED FOR COMPLIANCE :

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22. TP/1901/2024 [Original] (ECHCBM02213182023) with WILL/748/2024 Ms. Jyoti Badgujar with S. U. Lakdawala, 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 Kashyap Kishorbhai Pattani, being the Sole Executor named under the Will of the deceased.

Deceased Paresh Gulabrai Parekh alias Paresh G. Parekh alias Paresh Parekh said to have died at Mumbai on 03.07.2011. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan 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 18.03.2010. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased since deceased and Exhibit - D to the Petition is the copy of her death certificate. The said Deceased died leaving behind Widow, one Son, one Daughter, one sister and two brothers. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of widow, son and daughter of the deceased as mentioned in para - 8 are on record. There is Affidavit of bailiff of Sheriff's office dated 03.08.2024 showing service upon nonconsenting legal heirs, one married sister and two brothers of the deceased as mentioned in para - 8. Affidavit of Bhavika Bimalbhai Satbhaya, one of the attesting witnesses 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.

03.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master