Bombay High CourtTP/5004/2024grant issued

Zena Maneck Mavji v. Maneck Minoo Mavji (Deceased)

2025-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ksa Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025.

CALLED FOR HEARING :

20 TP/5004/2024 (AMH20240131949C2024 00008) with WILL/1987/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Swati P. Mathkar i/b. Shirish P. Mathkar, 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 Zena Maneck Mavji the Sole Executrix named under the Will of the deceased. Deceased Maneck Minoo Mavji alias Maneck Mavji, said to have died at Mumbai on 13.11.2016. 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. Swati P. Mathkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 12.11.2015. The said Will is in English language.

3. Ms. Swati P. Mathkar, Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted that the parents of the deceased have predeceased the deceased. The deceased has no other Daughter or Son. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making present petition is on account

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the fact that petitioner was unaware of obtaining any legal representation. Now petitioner has been advised to obtain a legal representation, Hence this Hon'ble Court in the interest of Justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of legal heirs in para - 8 are on record. Affidavit of Vipul Kiritkumar Mukhtyar, 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.

06.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master