Bhaskar Jayantilal Bhatt v. Chandrakanta Jayantilal Bhatt (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th April, 2025 CALLED FOR HEARING :
TP/5289/2024 (E-filing) Ms. Rajashree P. Nair, Advocate for petitioner PC :
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Bhaskar Jayantilal Bhatt being sole Executor named under the Will of deceased. The deceased namely Chandrakanta Jayantilal Bhatt is said to have died at Mumbai on 04.01.1997. Copy of the death certificate is annexed to the petition. Affidavit of petitioner dated 10.07.2024 is filed for dispensation of identification proof of deceased which is annexed to the petition is accepted.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 13.1.1996. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased had two sons. Out of them one son namely Bhargav J. Bhatt died on 09.07.2023 leaving behind his wife and one son. The deceased was survived by one son, one grandson and daughter-in-law. Out of them son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Darshan Jhala dated 07.07.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.01.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 09.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG