Mehul Jayant Parekh v. Madhukanta J Parekh Alias Madhukanta Jayant Parekh Alias M J Parekh (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th August 2024.

CALLED FOR COMPLIANCE :

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28. TP/1914/2024 [Original] (ECHCBM02039892024) with WILL/753/2024 Mr. S. S. Waghmare, Advocate for Petitioners. 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 Mehul Jayant Parekh and Sandip Jayant Parekh, being the Executors named under the Will of the deceased. Deceased Madhukanta J. Parekh alias Madhukanta Jayant Parekh alias M. J. Parekh, said to have died at Mumbai on 17.08.2020. 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. Mr. Waghmare, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.03.2020. The said Will is in English language.

3. Mr. Waghmare, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased predeceased the deceased and Exhibit - D to the Petition is the copy of his death certificate. The deceased died as widow. The said deceased died leaving behind two sons and had no daughter. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. The Ld. Advocate for Petitioners submits that Petitioners were under a bonafide impression that the Probate in respect of the properties was not required earlier. Now the Petitioners have been informed to obtain the Probate of the said Will. Hence present Petition is filed by the Petitioners. There is a delay in filing this Petition. The delay is unintentional and the Petitioners pray that the same may be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioners' Oath are filed. The other Executrices viz. (1) Beena Mehul Parekh and

(2) Nandini Sandip Parekh, have reserved their right for Probate lateron by filing their Affidavits dated 24.11.2023 and 18.11.2023 respectively. Affidavits of Jayendra R. Parekh and Yogesh N. Parekh, both the attesting witnesses to the Will are 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.

08.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master