Bombay High CourtTP/4267/2024grant issued

Mehul Mehta S/O Nitin Mehta v. Ramesh Shantilal Tolat (Deceased)

2024-10-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th October, 2024 CALLED FOR DIRECTION:

46. TP/4267/2024 Mr. Nandkishor Supal, Adv. i/b. Divya Shah Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02154892024) with WILL/1697/2024 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 Mehul Mehta s/o Nitin Mehta, and Dr. Rupal Shah w/o Umesh Shah alias Rupal Desai Shah, being the Executor/ Executrix named under the Will of the deceased. Deceased Ramesh Shantilal Tolat, said to have died at Mumbai on 06.07.2024.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Supal, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 06.10.2017. The said Will is in English language.

3. Mr. Supal, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The Wife of the deceased namely Asha Ramesh Tolat expired on 25th September, 2017, hence predeceased

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Deceased. Exhibit "D" to the petition is a true copy of the Death Certificate issued by the Municipal Corporation of Greater Mumbai of Asha Tolat. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioners' Oath are filed. Consent Affidavits of married daughter and son as mentioned in Para 8 are on record.

Affidavits of Umesh Pramodkumar Shah and Sunil Kaliandass Grover, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.10.2024