Bombay High CourtTP/1911/2024grant issued

Daxesh Babulal Kadakia v. Vasant Shantilal Parikh

2024-07-09Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th July 2024.

CALLED FOR COMPLIANCE :

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7. TP/1911/2024 [Original] (ECHCBM02025062024) Mrs. Bina Shivhare, 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 Daxesh Babulal Kadakia, being one of the Executors named under the Will of the deceased. Deceased Vasant Shantilal Parikh, said to have died at Mumbai on 01.01.2024. 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. Mrs. Shivhare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 30.05.2022. The said Will is in English language.

3. Mrs. Shivhare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased predeceased the deceased. The deceased left no other sons and no other daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed.

The other Executrix, Kokila Vasant Parikh has filed Affidavit dated 22.01.2024 reserving her rights as Executrix. Consent Affidavits of widow,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) three sons and one married daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Anish Pravinchandra Parikh, 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.

09.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master