Bombay High CourtTP/3719/2024grant issued

Nimit Sheth Alias Nimit Rameshbhai Sheth v. Pdmaben Kanaiyalal Shukla Alias Padma Kanaiyalal Shukla Alias Padma K Shukla (Deceased)

2024-10-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th October, 2024 CALLED FOR DIRECTION:

59. TP/3719/2024 Mr. Nandkishor Supal, Adv. i/b. Divya Shah Associates for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02082232024) with WILL/1459/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioners Nimit Sheth alias Nimit Rameshbhai Sheth, and Murari Trivedi alias Murari Rasiklal Trivedi, being the Executors named under the Will of the deceased.

Deceased Padmaben Kanaiyalal Shukla alias Padma Kanaiyalal Shukla alias Padma K Shukla, said to have died at Mumbai on 01.04.2024. 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. Supal, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 09.02.2018 and registered on 14.02.2018 respectively. The said Will is in English language.

3. Mr. Supal, Advocate for the Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the husband of the deceased predeceased the deceased. Exh. D is a copy

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of his death certificate. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath are filed. Consent Affidavits of son and married daughter of deceased as mentioned in Para 8 are on record. Affidavit of Murari Rasiklal Trivedi, 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 11.10.2024