Dilip Champaklal Zaveri v. Suman Ramjibhai Doshi Alias Sumanbhai R. Doshi (Deceased)

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

CALLED FOR COMPLIANCE :

41. TP/2618/2024 [Original] (ECHCBM02009442024) with WILL/1060/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rachit Bharwada i/b Haresh Mehta & Co., 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 Dilip Champaklal Zaveri, being one of the Executors named under the Will of the deceased.

Deceased Suman Ramjibhai Doshi alias Sumanbhai R. Doshi, said to have died at Rajkot on 16.01.2014. 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. Mr. Bharwada, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Rajkot on 15.02.2013. The said Will is in English language.

3. Mr. Bharwada, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased predeceased the deceased. 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 due to inadvertence, the present petition remained to be filed and since Mr. Viraj Dhirubhai Shah, one of the Executors of the said Will of the deceased was

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) in USA and who has now relinquished his rights as Executor to file the present Petition by filing his Affidavit of Relinquishment, and since the Original of the Will was kept in the Safe Deposit Locker which was not opened for several years after the demise of the testator, due to a un-availability of all the family members together. Therefore, the delay in filing the present Petition, which was never intentional, may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Viraj Dhirubhai Shah has renounced his right by filing Affidavit dated 11.12.2023. Consent Affidavits of widow, son and two married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Punit D. Raval, 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.

19.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master