Bombay High CourtTP/2926/2024grant issued

Amar Jatin Sheth v. Jatin Manubhai 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:

42. TP/2926/2024 [Original] (ECHCBM02085702024) with WILL/1174/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vaishali Sharma i/b Harakhchand & 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 Amar Jatin Sheth and Rishabh Jatin Sheth, being the Executors named under the Will of the deceased.

Deceased Jatin Manubhai Sheth, said to have died at Mumbai on 28.08.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card and Aadhar Card are annexed to the Petition.

2. Ms. Sharma, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 14.05.2022. The said Will is in English language.

3. Ms. Sharma, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother of the deceased predeceased the deceased and Exhibit - F to the Petition is the copy of her death certificate. The said deceased has no other son and daughter. Save and except as mentioned in para - 9, there are no other legal heirs or next of kin left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed.

The other Executor, Mr. Prakash Bohra, has relinquished his right by filing Affidavit dated 19.10.2023. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause mentioning the relinquishing right of other Executor within three days from the date of uploading of the order. Consent Affidavit of wife of the deceased as mentioned in para - 9 is on record. Affidavits of Ketan R. Jain and Ajit A. Bothare, 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.

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