Bombay High CourtTP/2626/2024grant issued

Shaunak Jagdish Shah v. Manjula Jagdish Shah Deceased

2024-10-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024.

CALLED FOR COMPLIANCE :

23. TP/2626/2024 [Original] (ECHCBM02116992023) with WILL/1075/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prashant Mairale i/b Kanchan Talreja, 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 Shaunak Jagdish Shah, being one of the Executors named under the Will of the deceased. The Ld. Advocate for the Petitioner to correct the capacity of the Petitioner in the cause title within three days from the date of uploading of the order as one of the Executor. Deceased Manjula Jagdish Shah, said to have died at Mumbai on 06.09.2011. 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. Mairale, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 12.10.2004. The said Will is in English language.

3. Mr. Mairale, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased pre-deceased the Deceased. The deceased was married to Mr. Jagdish Amritlal Shah alias Jagdish Amritlal Ghodara. The said deceased had two child, a son Mr. Shaunak Jagdish Shah and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Daughter Shilpa Shah alias Shilpa Ravi Modi.

Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that Petitioner was not aware of the legal procedure therefore this Petition was not filed in time i.e. 11 years 9 months and 14 days delay to file the present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Jagdish Shah has filed his Affidavit dated 24.07.2023 relinquishing his right as Executor. There is Affidavit of service dated 25.08.2024 filed by Sheriff Office upon the non-consenting legal heirs as mentioned in para -10 is on record. Affidavit of Dr. Hiten Sheth, 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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master