Bombay High CourtTP/3667/2024grant issued

Bharat Mulji Parekh v. Khataubhai Mulji Moolji Parekh (Deceased)

2024-10-10Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

32. TP/3667/2024 [Original] (ECHCBM02160402023) with WILL/1439/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suyash Kalbhor i/b B. G. Saraf, 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 Dr. Bharat Mulji Parekh, Naresh Khataubhai Parekh and V. Subramanian, being the Executors named under th1e Will of the deceased. Deceased Khatau Mulji Parekh alias Khataubhai Mulji Parekh, said to have died at Mumbai on 15.01.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Kalbhor, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 15.02.2017. The said Will is in English language.

3. Mr. Kalbhor, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the Deceased, predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in para - 8 are on record.

Affidavits of Chetan Parekh and Rajendra Vithaldas Gondalia, 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master