Ajay Arunkant Doshi v. Arunkant Maganlal Doshi

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

Ms. Neha Hande, Advocate for the Petitioner.

22. TP/2109/2024 [Original] (ECHCBM02040272024) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Ajay Arunkant Doshi, being one of the Executors named under the Will of the deceased. Deceased Arunkant Maganlal Doshi, said to have died at Watford, U.K. on 20.11.2016. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Ms. Hande, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 10.09.2015. The said Will is in English language.

3. Ms. Hande, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased was married and has left behind his widow, one son and one daughter. There are no other son or daughter or legal heirs of the deceased. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that 0ne of the Executor Mrs. Priyavanda

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Arunkant Doshi, wife of the deceased and mother of the Petitioner is residing in Hertfordshire, UK. She is 87 years old and is keeping indifferent health. The present Petitioner is also a Senior Citizen aged 65 years. He is a citizen of Kenya and due to his pre-occupation, he has not been able to travel to India for taking up steps to file the present Petition. Delay in filing of the Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executrix, Mrs. Priyavanda Arunkant Doshi has filed her Renunciation Affidavit 18.01.2024 renouncing her rights to act as an Executrix. Consent Affidavits of wife and daughter of the deceased as mentioned in para -9 are on record. Affidavit of Arvind Prabhudas Valia, 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.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master