Bombay High CourtTP/3911/2024grant issued

Gaurav Popatlal Gogri v. Hemlata Laxmichand Shah-Deceased

2024-10-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

47. TP/3911/2024 Ms. Rutika R. Mody, Adv. i/b. Jawahar Prajapati for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02106822024) with WILL/1550/2024 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 Gaurav Popatlal Gogri being the sole Executor named under the Will of the deceased. Deceased Hemlata Laxmichand Shah, said to have died at Mumbai on 16.03.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aaddhar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Mody, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered Mumbai on 21.10.2020. The said Will is in English language.

3. Ms. Mody, 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. The husband of the deceased namely Mr. Laxmichand Mulji Shah also died on the Twenty-Seventh Day of October of the year Two Thousand Twenty- Three, leaving behind surviving

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) four children, as mentioned above, out of their marriage. Exhibit-"C" to the petition is the copy of the Death Certificate of Laxmichand Mulji Shah issued by the Municipal Corporation of Greater Mumbai.

The above legal heir of the deceased has given their full and free consent to the said Will. Save and except as mentioned in para -7, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son and three daughters of the deceased as mentioned in para are on record. Affidavit of Palak Chetan Nagda, one of the attesting witnesses 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 24.10.2024