Amit Jagdish Mehta v. Manjula Jagdish Mehta (Deceased)

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

CALLED FOR COMPLIANCE :

35. TP/3215/2024 [Original] (ECHCBM02087582024) with WILL/1305/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Samridhi Lodha i/b Kanga & Co., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Amit Jagdish Mehta, Ritesh Dinesh Mehta and Kiran Sevantilal Mehta, being the Executors named under the Will of the deceased.

Deceased Manjula Jagdish Mehta, said to have died at Mumbai on 17.09.2018. 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. Ms. Lodha, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 01.02.2018. The said Will is in English language.

3. Ms. Lodha, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased. Exhibit - E is the copy of death certificate of the husband of the deceased. That the Deceased died as widow.

Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for Petitioners submits that Petitioner No.1 i.e., the son of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Deceased, resides in Belgium and therefore it took time to collate the list of assets of the Deceased. Further, also due to nationwide lockdown on account of the Covid-19 virus the filing of this Probate Petition was delayed. The Petitioners therefore humbly pray that delay, if any in filing this Probate Petition, be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed.

Consent Affidavit of two daughters of the deceased as mentioned in para - 8 are on record.

Affidavits of Kiran Sevantilal Mehta and Bakul Mohan Kambar, 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.

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