Bombay High CourtTP/3361/2024grant issued

Ajay Ajit Mehta v. Ajit Chamanlal Mehta (Deceased)

2024-09-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

56. TP/3361/2024 Ms. Neha Kodape, Adv. i/b. Niyati Vakil for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02116182024) with WILL/1361/2024 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 Ajay Ajit Mehta being the surviving Executor named under the Will of the deceased. Deceased Ajit Chamanlal Mehta said to have died at Mumbai on 06.06.2020. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Kodape , Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 19.09.2017. The said Will is in English language.

3. Ms. Kodape, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Rasila Ajit Mehta, wife of the Deceased, died on 31st December 2022. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) submits that the delay in making the present Petition is on account of the fact that the Petitioner was unaware of obtaining Probate in respect of the said Will of the Deceased.

Now the Petitioner has been advised to obtain Probate of the said Will of the Deceased. Hence, this Hon 'ble Court may condone the delay in filing the present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executor Rasila Mehta expired on 31.12.2022 Exh. C is a copy of her death certificate. Consent Affidavits of two married daughters of the deceased as mentioned in para 10 are on record.

Affidavit of Nimish Vakil, one of the attesting witness to the Will is 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