Bombay High CourtTP/4233/2024grant issued

Nitin Jayantilal Shah v. Laxmikant Jagjivandas 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 :

67. TP/4233/2024 [Original] (ECHCBM02152682024) with WILL/1683/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sudhir Yadav and Ms. Gauri Jakhotiya a/w Karan Gandhi, 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 Nitin Jayantilal Shah, being one of the Executors named under the Will of the deceased. Deceased Laximikant Jagjivandas Shah, said to have died at Mumbai on 16.07.2021. 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. Yadav, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 23.12.2018. The said Will is in English language.

3. Mr. Yadav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. The said deceased died leaving behind two married daughters and one un-married daughter and two sons. Save and except as mentioned in para - 7, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. The remaining Executors, ( i) Rajendra Himmatlal Shah, and (ii) Mr. Rajesh Shantilal Shah have filed their Affidavits both dated 07.07.2024 renouncing their rights as Executors. Joint Consent Affidavits of two sons, one unmarried daughter and two married daughters of the deceased as mentioned in para - 7 are on record. Affidavit of Manubhai Manibhai Patel, 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.

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