Nikul J Shah v. Subha Harkant Sitwala Nee Subha Hariprasad Vasa

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th November, 2024.

CALLED FOR COMPLIANCE :

48. TP/4472/2024 [Original] (AMH20230017411C202400006) with WILL/1778/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Kinjal Kakkad i/b Jayesh Vyas, 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 Nikul J. Shah and Bharat R. Malkan being the Executors named under the Will of the deceased. Deceased Subha Harkant Sitwala nee Subha Hariprasad Vasa, said to have died at Mumbai on 23.07.2017. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Kakkad, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 18.05.2017. The Ld. Advocate for the Petitioner submits that the said Will is in English language though it is not mentioned in the Petition.

3. Ms. Kakkad, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para - 4, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioners were not aware about the requirement of obtaining

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Probate Certificate from this Hon'ble Court prior to have the debts/securities transferred in their names. The Petitioners submit that there has been delay in filing this Petition, which was on account of certain time elapsed in collating the information and documents with regard to the debts/securities in respect of which the present Petition is filed. The Petitioners state that the delay is unintentional and beyond the control of the Petitioners hence, the same may be condoned and the Petition be taken on record. Thus, the delay is explained.

4. Petitioners' Oath are filed.

Consent Affidavits of husband, son and unmarried daughter of the deceased as mentioned in para - 4 are on record. Affidavit of Nayna S. Shah, 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.

12.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master