Bombay High CourtTP/4186/2024grant issued

Ajay Ajit Mehta v. Rasila Ajit Mehta (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 :

48. TP/4186/2024 with WILL/1660/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Neha Kodape i/b Tyabji Dayabhai, Advocate for the Petitioner.

P.C.:

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Ajay Ajit Mehta, being the Sole Surviving Executor named under the Will of the deceased. Deceased Rasila Ajit Mehta, said to have died at Mumbai on 31.12.2022.

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. Kodape, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 19.09.2017. The said Will is in English language.

3. Ms. Kodape, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the husband and husband of the deceased have predeceased the deceased.

Exhibit - C is the copy of death certificate of the husband of the deceased. Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Ajit Chamanlal Mehta (husband) expired on 6th June 2020 and Exhibit - C is

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the copy of his death certificate. Consent Affidavit two married daughters of the deceased as mentioned in para - 10 are on record. Affidavit of Nimish Jayant Vakil, 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