Bombay High CourtTP/4863/2024grant issued

Dhimant Jaswantrai Mehta v. Nira Jaswantrai Mehta (Deceased)

2025-02-07Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2025.

CALLED FOR HEARING :

18. TP/4863/2024 (ECHCBM02148192024) with WILL/1934/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Dhimant Jaswantrai Mehta, being the Sole Executor named under the Will of the deceased. Deceased Nira Jaswantrai Mehta alias Nira J. Mehta, said to have died at Mumbai on 20.02.2024. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 18.08.2019. The said Will is in English.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased predeceased the deceased and Exhibit - D is the copy of his death certificate. The said Deceased died leaving behind one Son and one Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Anil Purshottamdas Parekh, one 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.

07.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master