Bombay High CourtTP/2657/2024grant issued

Kirit Maneklal Shah v. Sonal Surendra Kotak Alias Jyoti Surendra Kotak

2024-09-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

CALLED FOR COMPLIANCE :

42. TP/2657/2024 [Original] (ECHCBM02066132024) with WILL/1090/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Kirit Maneklal Shah and Hemali Vinit Gandhi, being the Executors named under the Will of the deceased. Deceased Sonal Surendra Kotak alias Jyoti Surendra Kotak, said to have died at Mumbai on 14.07.2022. 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. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 26.07.2020. The said Will is in Gujarati language and official English translation of the said Will is filed.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Deceased Husband Mr. Surendra Chhotalal Kotak died on 13.05.2008 and Exhibit "D' to the Petition is a copy of the Death Certificate of the pre-deceased husband of the Deceased. The said Deceased died leaving behind 2 Sons and 1 Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of two sons and one married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Shilpa Nalin Gandhi, 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