Bombay High CourtTP/2282/2024grant issued

Bhavin Laxmichand Shah v. Dhirajlal Keshavji Gada

2024-08-19S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th August 2024.

CALLED FOR COMPLIANCE:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 29.TP/2282/2024 [Original] (ECHCBM02028732024) with WILL/906/2024 Ms. Apeksha Khetan i/b IC Legal, 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 Bhavin Laxmichand Shah, being the Sole Executor named under the Will of the deceased.

Deceased Dhirajlal Keshavji Gada alias Dhirajlal Keshavji Shah alias Dhiraj Keshavji Gada alias Dhiraj Keshavji Shah, said to have died at Mumbai on 10.03.2020. 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. Ms. Khetan, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 04.11.2019. The said Will is in English language.

3. Ms. Khetan, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the father of the deceased pre-deceased the deceased. The deceased had his mother, widow, a son and a daughter as his only heirs. The mother of the said deceased viz. Late Panbai Keshavji Gada deceased on 31.08.2020. The widow of the said deceased viz. Late Nayna Dhirajlal Gada, deceased on

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 21.09.2020. ''Exhibit - F" and "Exhibit - G" is a true copy of death certificate of Panbai Keshavji Gada, mother of the deceased and Nayna Dhirajlal Gada, widow of the said deceased, respectively. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was under a bonafide impression that the Administration of the said Will or Probate of the said Will was not required. Now, the Petitioner has been informed to obtain the Probate of the said Will for the purpose of Administration of the estate of the said deceased. Hence present Petition is filed by the Petitioner and there is delay in filing this Petition. That the delay is unintentional and the Petitioner prays that the same may be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and daughter of the deceased as mentioned in para - 10 are on record.

Affidavit of Devendra V. Shethia, 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.

19.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master