Naresh Ratanshi Shah v. Nirmala Manilal Vira Alias N M Vira (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024.

CALLED FOR COMPLIANCE :

33. TP/3213/2024 [Original] (ECHCBM02103022024) with WILL/1303/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Deepak Dongare, 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 Naresh Ratanshi Shah, being the Sole Executor named under the Will of the deceased. Deceased Ninnala Manilal Vira alias N. M. Vira, said to have died at Mumbai on 16.12.2023. 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. Dongare, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 01.02.2022. The said Will is in English language.

3. Mr. Dongare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the husband and husband of the parents of the deceased have predeceased the deceased. The said deceased died as widow and issueless. Exhibit- "D" is the copy of the death certificate of Manilal Champshi Vira. That the said deceased had two brothers in law and had no sister in law. That Kalyanji Chamshi Vira, brother in law of the deceased predeceased the deceased on 27th day of June, 2012, leaving

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) behind three daughters and had no son.

Exhibit- "E" is the copy of the death certificate of Kalyanji Chamshi Vira. That Jethalal Chapsi Veera, brother in law of the deceased predeceased on 16th day of August, 2013, leaving behind his only daughter and had no son. Exhibit - F is the copy of the death certificate of Jethalal Chapsi Veera. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of four nieces as mentioned in para -8 are on record. Affidavit of Naveen Shridhar Poojary, 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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master