Bombay High CourtTP/3389/2024grant issued

Mitesh Bipin Vora v. Rohit Nandlal Vora (Deceased)

2024-10-07S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th October, 2024.

CALLED FOR COMPLIANCE :

55. TP/3389/2024 [Original] (ECHCBM02017812024) with WILL/1367/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Amit Bajpai i/b Laxmi Jessani, 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 Mitesh Bipin Vora, being one of the Executors named under the Will of the deceased. Deceased Rohit Nandlal Vora, said to have died at Mumbai on 29.07.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copies of Pan Card and Aadhar Card are annexed to the Petition.

2. Mr. Bajpai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 26.09.2018. The said Will is in Gujarati language. The Ld. Advocate for the Petitioner has filed Affidavit dated 03.10.2024 regarding translation of the Will.

3. Mr. Bajpai, Advocate for the Petitioner 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. The deceased left no other son and daughters Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

The other Executor, Mr. Bimal Himmatlal Vora, has reserved his right by filing Affidavit dated 17.01.2024. Consent Affidavits of two married daughters and son of the deceased as mentioned in para - 9 are on record.

Affidavit of Prakash Narottamdas Champaneri, 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.

07.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master