Meena Laherchand Poladiya v. Manjula Jadhavji Chheda Manjulaben Madhavji Chheda

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 02nd September 2024.

CALLED FOR COMPLIANCE :

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50. TP/2653/2024 [Original] (ECHCBM02075382024) with WILL/1088/2024 Mr. Anuj More, 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 Meena Laherchand Poladiya, Nevil Laherchand Poladiya, Nidhi Hiren Pasad and Dhaval Hasmukh Malde, being the Executor/Executrices named under the Will of the deceased. Deceased Manjula Jadhavji Chheda alias Manjulaben Jadhavji Chheda, said to have died at Mumbai on 13.12.2023.

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. Mr. More, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 06.12.2023. The said Will is in English language.

3. Mr. More, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased viz. Jadhavji Pasu Chheda, predeceased the deceased on 19.07.2005 and Exhibit- "D" is the copy of the death certificate of Jadhavji Pasu Chheda. Deceased died as widow. The said deceased

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) had two daughters and one son as her only heirs. That Preeti Hasmukh Malde, married daughter of the deceased predeceased the deceased on 29.08.2019 leaving behind her only son Dhaval Hasmukh Malde, and had no daughter. Exhibit-"E" is the copy of the death certificate of Preeti Hasmukh Malde. That only son of the deceased viz. Yogesh Jadhavji Chheda, who predeceased the deceased on 23.08.2023 as issueless. Exhibit- "F" is the copy of the death certificate of Yogesh Jadhavji Chheda. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavits of Dr. Kajol S. Poladia and Ridham H. Savla, both the attesting witnesses to the Will are 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.

02.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master