Bipin Shivlal Kakkad And ANR v. Naynaben Chandrakant Thakkar Alias Nayna Chandrakant Thakkar (Deceased)

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

CALLED FOR HEARING :

24. TP/5915/2024 (AMH20220001223C202400012) with WILL/2364/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Uttam S. Rane, Advocate for Petitioners. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Bipin Shivlal Kakkad and Ketan Nalinkant Thakkar, being the Executors named under the Will of the deceased. Deceased Naynaben Chandrakant Thakkar alias Nayna Chandrakant Thakkar, said to have died at Mumbai on 11.01.2024. 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. Mr. Rane, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 27.02.2021 and 01.03.2021 respectively. The said Will is in English.

3. Mr. Rane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the Deceased predeceased the deceased. The petitioners are not in possession of the death certificate of the husband of the deceased as he died long back. That the said deceased had no issues from the wedlock. The parents and grandparents of the husband of the deceased are predeceased the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. The said deceased left no other brother in law or no sister in law. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The remaining Executor, Vinod Pragji Thakkar has filed his Affidavit dated 22.06.2024 renouncing his right as Executor. Consent Affidavit of brotherin-law of the deceased as mentioned in para - 9 is on record. Affidavit of Manish Shashikant Shah alias Manish S. Shah, 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.

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