Bombay High CourtTP/2989/2024grant issued

Khushboo Amit Jhaveri v. Amit Navinchandra Jhaveri Alias Amit Navinchand Jhaveri Alias Amitkumar Navinchandra Jhaveri

2025-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th February, 2025.

CALLED FOR HEARING:

8. TP/2989/2024 [Original] (ECHCBM02056222024) with WILL/1199/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai i/b Ankita Gala, 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 Khushboo Amit Jhaveri being one of the Executrix named under the Will of the deceased. Deceased Amit Navinchandra Jhaveri alias Amit Navinchand Jhaveri alias Amitkumar Navinchandra Jhaveri, said to have died at Mumbai on 15.09.2023. 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. Mr. Desai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 05.05.2023. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. Exhibit - J is the copy of death certificate of the wife of the deceased. The deceased had no sons and Khushboo Amit Jhaveri is the only daughter of the deceased. Save and except as mentioned in para - 11,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The remaining Executors, Jitesh Jayantilal Sanghrajka and Dinesh Devchand Ghalla have filed their Affidavits dated 09.03.2024 and 11.03.2024 respectively renouncing their rights as Executor. Affidavit of Dhrushil D. Jhaveri, 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.

05.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master