Bombay High CourtTP/3122/2024grant issued

Chetana Ghanshyam Patel v. Chandrika Ghanshyam Patel (Deceased)

2024-10-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

31. TP/3122/2024 [Original] (ECHCBM02075782024) with WILL/1241/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mehul Sodha i/b Auroma Law, 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 Chetana Ghanshyam Patel, being one of the Executrix named under the Will of the deceased.

Deceased Chandrika Ghanshyan Patel, said to have died at Mumbai on 25.01.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Sodha, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 31.07.2011. The said Will is in English language.

3. Mr. Sodha, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased pre-deceased the Deceased. Th deceased is survived by her son and two daughters. Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executors, Amita Mayankbhai Patel and Hemang Ghanshyam Patel have filed their

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavits dated 04.10.2024 and 08.10.2024 reserving their rights as Executor. Consent Affidavits of son (married) and daughter (married) of the deceased as mentioned in para - 10 are on record. Affidavit of Urvashi Pankajbhai Patel, 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master