Bombay High CourtTP/4170/2024grant issued

Rajesh Virendra Shah v. Virendra Himatlal Shah (Deceased)

2024-10-17Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th October, 2024.

CALLED FOR COMPLIANCE :

42. TP/4170/2024 [Original] (ECHCBM02146452024) with WILL/1648/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, Advocate for Petitioners. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners (i) Rajesh Virendra Shah, (ii) Ketaki Rajesh Shah and (iii) Harshal Rajesh Shah, being the Executors named under the Will of the deceased. Deceased Virendra Himatlal Shah, said to have died at Mumbai on 30.05.2023.

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. Mr. Lakdawala, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 13.03.2023. The said Will is in English language.

3. Mr. Lakdawala, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that mother and wife of the deceased predeceased the deceased. Exhibit - E is the copy of death certificate of the wife of the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed.

Consent Affidavit of married daughter as mentioned in para - 8 is on record. Affidavit of Kiran Jayantilal Desai, one of the attesting witnesses 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.

17.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master