Bombay High CourtTP/2518/2024grant issued

Kavita Rahul Madhiwalla v. Vipinchandra Vithaldas Shah

2024-08-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th August 2024.

CALLED FOR COMPLIANCE :

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45. TP/2518/2024 [Original] (ECHCBM02071032024) Mrs. Bina Shivhare, Advocate for Petitioners. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Kavita Rahul Madhiwalla and Neelam Ravikumar Shanghavi being the Executrices named under the Will of the deceased.

Deceased Vipinchandra Vithaldas Shah, said to have died at Mumbai on 18.10.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mrs. Shivhare, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 08.03.2012. The said Will is in English language.

3. Mrs. Shivhare, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased predeceased the deceased. 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.

4. Petitioner's Oath is filed. Consent Affidavits of widow, two sons and three married daughters of the deceased as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 9 are on record. Affidavit of Dr. Bhagirath N. Majumdar, 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.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master