Kavita Sushil Bhatia v. Sushil Gordhandas Bhatia Alias Sushul Gordhandas Chachara Alias Sushil Goverdhanads Bhatia (Decased
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th July 2024.
CALLED FOR COMPLIANCE :
30. TP/2025/2024 (ECHCBM02043132024) with WILL/833/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai i/b Purnima G. Bhatia, 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 Kavita Sushil Bhatia and Jaykumar Sushil Bhatia, being the Executors named under the Will of the deceased. Deceased Sushil Gordhandas Bhatia alias Sushil Gordhandas Chachara alias Sushil Goverdhandas Bhatia, said to have died at Mumbai on 01.02.2022.
Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aaadhar Card is annexed to the Petition.
2. Mr. Desai, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 07.03.2020. The said Will is in English language.
3. Mr. Desai, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased predeceased the deceased. Exhibit - E & F to the Petition are the copies of their death certificates. The deceased left no other Son and/or Daughter.
Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.
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4. Petitioner's Oath is filed. It is submitted that Mr. Neerajkumar Sushil Bhatia, one of the legal heirs of the Deceased Sushil Gordhandas Bhatia is unfit to give his consent for grant of the Probate of the Last Will and Testament dated 7th March, 2020. The Petitioners are the Widow and younger Son of the deceased Sushil Gordhandas Bhatia are appointed as the Testamentary Guardians of the said Son Mr.
Neerajkumar Sushil Bhatia under the said Will of the deceased. A Guardianship Certificate has also been obtained by the Petitioners appointing them both as Guardians of the elder son Neerajkumar Sushil Bhatia. Copy of the said Disability Certificate dated 10.12.2022 and Guardianship Certificate dated 01.06.2023 is annexed as Exhibit - G and G-1 respectively. Affidavit of Balkrishna S. Shetty, 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.
11.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master