Bombay High CourtTP/3970/2024grant issued

Parul Jagmohan Lavsi v. Jyotiben Jagmohan Lavsi

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

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th November, 2024.

CALLED FOR COMPLIANCE :

47. TP/3970/2024 [Original] (ECHCBM02070572024) with WILL/1572/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Deepshee Kagra i/b MG Legal, 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 Parul Jagmohan Lavsi, being one of the Executors named under the Will of the deceased. Deceased Jyoti Jagmohan Lavsi alias Jyotiben Jagmohan Lavsi, said to have died at Mumbai on 09.10.2020. 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. Kagra, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 16.12.2015. The said Will is in English language.

3. Ms. Kagra, 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. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the deceased expired in the Pandemic which ended in the year 2022 and it was only in the month of December 2023 the said Will of the deceased was traced. Thereafter, the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) particulars of the estate of the deceased were compiled and the present Petition is filed. Hence, delay if any in filing the Petition in not deliberate and therefore deserves to be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Premal Jagmohan Lavsi, son of the above Deceased has filed his Affidavit dated 11.03.2024 reserving his right as Executor. Consent Affidavit of son of the deceased as mentioned in para - 9 is on record. Affidavit of Bhavik Bipin Shah, 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.

11.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master