Deepa Sharad Kapadia v. Chandrasinh Hirjee Kapadia Alias Chandrasingh Hirjee Kapadia Aliaschandrasing Hirjee Kapadia

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

Mr. Jayant Wani, Adv. i/b. Virral Shah for Petitioners. (ECHCBM02111782024) 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 (1) Deepa Sharad Kapadia, (2) Namit Jairaj Thakkar and (3) Dhwanit Hemant Kapadia being the Executors named under the Will of the deceased. Deceased Chandrasinh Hirjee Kapadia alias Chandrasingh Hirjee Kapadia alias Chandrasing Hirjee Kapadia, said to have died at Mumbai on 05.04.2024. 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 Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 31.10.2022 and 01.11.2022. The said Will is in English language.

3. Mr. Wani, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Chandrasinh

Hirj ee Kapadia alias Chandrasingh Hirjee Kapadia alias Chandrasing Hirjee Kapadia the deceased on 16.01.2021. Exg, E to the petition is a true copy of death certificate of Madhuri Chandrasinh Kapadia alias Madhuri Chandrasingh Kapadia alias Madhuri Chandrasing Kapadia alias Madhuri C Kapadia, wife of the said deceased. That the said deceased died as a Widower and issueless. The said deceased had two brothers and two sisters as mentioned above. That Kamlaben J amnadas Sampat, sister of the deceased predeceased the deceased on 26/02/1988, leaving behind her two daughters as mentioned above and had no son. That death certificate of Kamlaben J amnadas Sampat is not available with Petitioners. That Pratima Jayant Bhatia, niece of the deceased expired on 25/11/2022, leaving behind two sons and one daughter as mentioned above. Exhibit "F" to the petition is a true copy of death certificate of Pratima Jayant Bhatia. That Hansraj Hirjee Kapadia, brother of the deceased predeceased the deceased on 08/05/2007 as issueless.

Exhibit "G" to the petition is a true copy of death certificate of Hansraj Hirjee Kapadia.

That Induben Vithaldas Thakkar, sister of the deceased predeceased the deceased on 22/11/1976 leaving behind her only son Jairaj Vithaldas Thakkar and had no daughter. That death certificate of Induben Vithaldas Thakkar is not available with Petitioners. That Sundersinh Hirjee Kapadia, brother of the deceased predeceased the deceased on 27/06/1996, leaving behind his only son Hemant Sundersinh Kapadia and had no daughter. Exhibit- "H" to the petition is the copy of death certificate of Sundersinh Hirjee Kapadia. That Hemant Sundersinh Kapadia, nephew of the deceased Contd.. ..2/- (ECHCBM02111782024

predeceased the deceased on 13/9/2017 leaving behind one son and one daughter as mentioned above. Exhibit- "I" to the petition is the copy of death certificate of Hemant Sundersinh Kapadia. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

Contd.. ..3/- (ECHCBM02111782024

4. Petitioner's Oath is filed. Consent Affidavits of two grand nephew, one grand niece and one nephew of the deceased mentioned in Para 9 are on record.

Affidavits of Sohan Suresh Phal Dessai and Dhiraj Mohanlal Modi, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. 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 25.09.2024