Bombay High CourtTP/4044/2024grant issued

Ajay Jayantilal Shah v. Nalini Jayantilal Shah Alias Nalini J Shah (Deceased)

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

CALLED FOR COMPLIANCE :

37. TP/4044/2024 [Original] (ECHCBM02145352024) with WILL/1604/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar i/b Sonal Bagadia, 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 Ajay Jayantilal Shah, being the Sole Executor named under the Will of the deceased. Deceased Nalini Jayantilal Shah alias Nalini J. Shah, said to have died at Mumbai on 13.05.2022. 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. Hunnurkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 10.09.2020. The said Will is in English language.

3. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the husband of the deceased predeceased the deceased and Exhibit - D is the copy of his death certificate. The deceased left one son and one Daughter. 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 is filed. Consent Affidavit of married daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Bhadrakumar Chhotubhai Patel, one of the attesting witnesses to the Will is filed. Affidavit of service of General Citation is filed. 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