Bombay High CourtTP/2932/2024grant issued

Alpesh Kantilal Shah v. Kumudben Kantilal Shah

2024-08-28S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 28th August, 2024 CALLED FOR DIRECTION:

36. TP/2932/2024 Mr. Jayant Wani, Adv. i/b. Seema Hunnurkar & Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02079332024) with WILL/1180/2024 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 Alpesh Kantilal Shah being the sole Executor named under the Will of the deceased. Deceased Kumudben Kantilal Shah said to have died at Mumbai on 17.11.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Wani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 18.01.2023. The said Will is in English language.

3. Mr. Wani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Husband of the deceased namely Kantilal Amrutlal Shah is predeceased the deceased, who died on 26/03/2001, Exhibit-E to the petition is a copy of his death certificate. The deceased left one son and two Daughters. 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 two married daughters of the deceased as mentioned in para 9 are on record. Affidavit of Umashankar Harilal Prajapati, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 28.08.2024