Bombay High CourtTP/3771/2024grant issued

Abhishek Nilesh Sheth v. Harsha Nilesh Sheth

2024-10-15S. 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 : 15th October, 2024.

CALLED FOR COMPLIANCE :

34. TP/3771/2024 [Original] (ECHCBM02069032024) with WILL/1480/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vidhi Gosar i/b Ooril Panchal, 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 Abhishek Nilesh Sheth, being the Sole Executor named under the Will of the deceased. Deceased Harsha Nilesh Sheth, said to have died at Mumbai on 17.02.2024. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Gosar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 07.04.2023. The said Will is in English language.

3. Ms. Gosar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the Deceased and parents of the husband of the deceased have predeceased the deceased. The said Deceased was married and is left surviving her husband and her one son and no daughter.

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

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4. Petitioner's Oath is filed. Consent Affidavit of husband of the deceased as mentioned in para - 8 is on record. Affidavits of Amit Sheth and Ketan Sheth, 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master