Bombay High CourtTP/5551/2024grant issued

Rupa Yogesh Shroff v. Panna Nagindas Shah (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 :

23. TP/5551/2024 (AMH20240132016C202400006) with WILL/2203/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sudhir Yadav i/b Agnes Altaf Baradia, 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 Rupa Yogesh Shroff, being the Sole Executrix named under the Will of the deceased. Deceased Panna Nagindas Shah, said to have died at Mumbai on 05.11.2021. 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. Mr. Yadav, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 18.12.2010 and 20.12.2010 respectively. The said Will is in English.

3. Mr. Yadav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased predeceased the deceased. The Deceased was a Spinster.

The Deceased had four brothers and three sisters out of which three Brothers and three Sisters have pre-deceased the Deceased. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of Vinod Nagindas Shah, brother of the deceased as mentioned in para - 9 is on record. Affidavits of Alpa Hitesh Shah and Kaushik Mansukhlal Shah, both the attesting witnesses to the Will are 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