Bombay High CourtTP/1926/2024grant issued

Vrajesh Ganesh Shah v. Hansa Vasudeo Shah

2024-08-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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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32. TP/1926/2024 [Original] (ECHCBM02053562024) with WILL/759/2024 Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Vrajesh Ganesh Shah, being one of the Executors named under the Will of the deceased.

Deceased Hansa Vasudeo Shah alias Hansa V.

Shah alias Hansa Shah, said to have died at Mumbai on 23.05.2023. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 21.12.2022. 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 Deceased died as issueless. The said Deceased died leaving behind her Husband, as the only Legal heir. 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. The other Executors viz. Mr. Mehul Baldev Shah and Mrs. Kirtida Ashwin Patel have reserved their rights for Probate and execution of said Will by filing Joint Affidavit dated 01.03.2024.

Consent Affidavit of husband of the deceased as mentioned in para - 8 is on record. Affidavit of Sanjay Pandurang More, 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.

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