Deven Natverlal Jhaveri v. Natvarlal Hathisingh Jhaveri Alias Natwarlal Hathising Jhaveri

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th July 2024.

CALLED FOR COMPLIANCE :

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62. TP/2312/2024 [Original] (ECHCBM02059722024) Mrs. Bina Shivhare, 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 and Codicil of the deceased filed by the Petitioner Deven Natverlal Jhaveri, being one of the Executors named under the Will of the deceased. Deceased Natvarlal Hathisingh Jhaveri alias Natwartal Hathising Jhaveri, said to have died at Mumbai on 16.05.2011. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, Petitioner has filed Affidavit dated 07.03.2024 annexing share certificate in the name of the deceased.

2. Mrs. Shivhare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament and Codicil which was duly executed at Mumbai on 16.03.2019 and 18.10.2010 respectively. The said Will is in Gujarati language and official English translation of the said Will is filed.

3. Mrs. Shivhare, 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. The first wife of the deceased viz: Pravina Natvarlal Jhaveri predeceased the deceased on 25/9/1985 and second wife of the deceased Madhavi Natver1al Jhaveri predeceased the deceased on 10/12/2010. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) heirs are the children of first wife Pravina Natvarlal Jhaveri. There are no issues of the second wife. The deceased left no other sons and no other daughters. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware about obtaining Legal Representation. The society has recently asked for legal representation and so there is delay in filing this Petition. The delay so caused may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in para -9 are on record. Affidavit of Harvaden Gajendra Parekh, one of the attesting witness to the Will and Codicil, 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.

25.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master