Bombay High CourtTP/2523/2024grant issued

Rajesh Jaysukhlal Sheth v. Pranlal Ramjibhai Sheth

2024-09-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th September 2024.

CALLED FOR COMPLIANCE:

39. TP/2523/2024 [Original] (ECHCBM02059302024) with WILL/1031/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Dhruvika Bhayani, 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 Rajesh Jaysukhlal Sheth, being one of the Executors named under the Will of the deceased.

Deceased Pranlal Ramjibhai Sheth, said to have died at Mumbai on 18.11.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Bhayani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 14.07.2010. The said Will is in Gujarati language and official English translation of the said Will is filed.

3. Ms. Bhayani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased and Exhibit - E to the Petition is the copy of her death certificate. The said deceased had no son or daughter born out of the said wedlock. Save and except as mentioned in para - 9, there are no other legal heirs or next of kin left by the deceased. The Ld. Advocate for the Petitioner submits

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) that the deceased was not aware about any legal procedure for obtaining the said properties which is shown in the Schedule I on his name and was also not familiar with the legal work. The delay so caused was on account of the circumstances which were beyond the control of the Petitioner and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Haritkumar Ramji Sheth, has renounced his right by filing Affidavit dated 13.03.2024. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause mentioning the renouncing right of other Executor within three days from the date of uploading of the order. Consent Affidavits of sister and brother of the deceased as mentioned in para - 9 are on record. Affidavit of Deven Kantilal Sangani, 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master