Ravindrakumar Hariprasad Patel v. Bhartiben Ravindrakumar Patel

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th July 2024.

CALLED FOR COMPLIANCE :

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24. TP/2210/2024 [Original] (ECHCBM02222422023) 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 certified/ authenticated copy of Last Will and Testament of the deceased filed by the Petitioner Ravindrakumar Hariprasad Patel, being the Sole Executor named under the Will of the deceased. Deceased Bhartiben Ravindrakumar Patel alias Bhartiben Patel alias Bhartiben R. Patel alias Bharti Ravindrakumar Patel, said to have died at London U.K. on 03.01.2020. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.06.2016. 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 Probate was granted by District Registrar, in the High Court of Justice England and Wales, Manchester District Probate Registry.

Manchester Civil Justice Centre, being Grant of Probate bearing Case Reference No.

1583402362464241 issued on 10th March,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2020 Certificate granted by District Registrar in respect of the last Will and testament of the said Deceased dated 11th day of June 2016, under the Seal of High Court of Justice England and Wales, in favour of the Petitioner who being the Executor named under the said Will of the Deceased above named. EXHIBIT 'D' to the Petition is certified copy of the Grant of Representation along with a Copy of Will. EXHIBIT - 'E' is certified copy of the Will. The Ld. Advocate for the Petitioner submits that the delay, in filing the present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Recently he has been advised to obtain the same hence delay in filing the petition be condoned in the interests of justice. Thus, the delay is explained.

4. Petitioner's Oath 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 with an authenticated copy of the Will annexed in respect of Property and Credits of Bhartiben Ravindrakumar Patel as prayed after verifying whether any Cross Petition or Caveat is filed. 09.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master