Bombay High CourtTP/2207/2024grant issued

Shreyas Vasant Parikh v. Ruprajendra Chhogalal Shah Alias Muni Chitrabhanu Alias Chitrabhanu Muni

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 :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

23. TP/2207/2024 [Original] (ECHCBM02022812024) Mr. Sushil Inamdar i/b Ajit Shrikhande, 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 Shreyas Vasant Parikh, being the Sole Executor named under the Will of the deceased. Deceased Ruprajendra Chhogalal Shah alias Muni Chitrabhanu alias Chitrabhanu Muni, said to have died at Mumbai on 19.04.2019. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Inamdar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 05.04.2012. The said Will is in English language.

3. Mr. Inamdar, 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 abovenamed. The deceased left no daughter. Save and except as mentioned in para - 9, there are no other legal heirs and next of kins left by the deceased. The Ld.

Advocate for the Petitioner submits that he could not file this Petition as he was in the process of collecting particulars of the property

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) left by the deceased. Hence, the Petitioner prays that delay in the filing this Petition may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow and two sons of the deceased as mentioned in para - 9 are on record. Affidavit of Neville Gyara, 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