Bombay High CourtTP/2309/2024grant issued

Deepen Dilip Shah v. Yashwant Bhogilal Khokhani

2024-10-09S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th October, 2024 CALLED FOR DIRECTION:

34. TP/2309/2024 Ms. Seema Hunnurkar, Adv. i/b. Jignesh Nisharfor Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02055752024) with WILL/920/2024 P. C. :

1. Perused Petition. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Deepen Dilip Shah and Aakash Bharat Sheth being the Executors named under the Will of the deceased.

Deceased Yashwant Bhogilal Khokhani, said to have died at Mumbai on 10.04.2020.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Hunnurkar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 01.04.2017. The said Will is in English language.

3. Ms. Hunnurkar, 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. The wife of the deceased namely Nayana Yashwant Khokhani died on 23/3/2021, Exhibit. "E"

to the petition is a copy of her death certificate. The deceased left two daughters. The deceased left no son. The deceased left

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) no son. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the delay in making the present Petition is on account of the facts that Petitioner was not aware about the procedure to obtain probate of Will of the deceased from this Hon'ble High Court Bombay hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioners' Oath are filed. Consent Affidavits of two married daughters of the deceased as mentioned in para 9 are on record. Affidavit of Bharat Mangaldas Sheth, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 09.10.2024