Bombay High CourtTP/5246/2024grant issued

Rajesh Mahendra Shah v. Kumudchandra Tribhovandas Shah (Deceased)

2025-02-06Mrs. R. V. Rane, Company Registrar/Testamentary Registrar2 pages

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

CALLED FOR HEARING :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b. Lakdawala & Co., Advocate for the Petitioner.

23 TP/5246/2024 (AMH20240129954C202400 023)with WILL/2092/2024 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 RAJESH MAHENDRA SHAH one of the Executor named under the Will of the deceased. Deceased Kumudchandra Tribhovandas Shah alias Kumudchandra T.

Shah alias Kumudchandra Tribhuvandas Shah alias Kumudchandra Shah, Jain, said to have died at Mumbai on 13.07.2024. 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. Jyoti Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 15.06.2022. The said Will is in English language.

3. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the MOTHER of the Deceased Mrs. Madhuravanti Tribhuvandas Shah died on 29-07-1993, Copy of the death certificate is annexed as Exhibit 'D'. she pre-deceased the Deceased. The said Deceased died leaving

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) behind his Widow, 2 Sons and 1 Married Daughter. The said Deceased left no other heirs save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of the legal heirs in para - 8 are on record. Affidavit of RAJESH MAHENDRA SHAH, one of the attesting witness to the Will is filed. The remaining Executor Mr. Milan Mahendra Shah filed affidavit dated 30.08.2024 renouncing his rights as Executor. 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