Bombay High CourtTP/2929/2024grant issued

Daksha Nitin Shah v. Nitin Mohanlal Shah

2024-10-15S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th October, 2024.

CALLED FOR COMPLIANCE :

26. TP/2929/2024 [Original] (ECHCBM02057822024) with WILL/1177/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Tulsi Shah, 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 Daksha Nitin Shah, being the Sole Executrix named under the Will of the deceased. Deceased Nitin Mohanlal Shah, said to have died at Mumbai on 06.12.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition. The Ld. Advocate for the Petitioner to correct the occupation of the deceased in cause title within three days from the date of uploading of the order.

2. Ms. Shah, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 13.03.2014. The said Will is in English language.

3. Ms. Shah, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the deceased have predeceased the deceased. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 9 are on record.

Affidavits of Nikhil Somaiya and Himanshu H.

Shah, 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master