Harshendu Upendra Kaka vs. Hiraben Khimshanker Raval (Deceased)
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Order Issued After Hearing
Purpose:
For Compliance
Before:
S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master
Listed On:
13 Dec 2023
Original Order Copy
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Order Text
ssd Before: Shri S. S. Agate
Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master
Date : 13th December, 2023.
CALLED FOR DIRECTION:
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) Ms. Jacinta Dsilva Advocate for the Petitioner.
P. C. : 1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Harshendu Upendra Kaka being the sole Executor named under the Will of the deceased. Deceased Hiraben Khimshanker Raval widow of Khimshanker Raval said to have died at Mumbai on 08.09.2011. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.
- Ms. Dsilva , Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 26.03.2007. The said Will is in English language.
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Ms. Dsilva, 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. Exh. E to the Petition is a copy of Death Certificate husband of the deceased. The deceased died leaving behind her one son and two daughters. Thereafter, the deceased daughter Pratibha Parekh died on 3rd October 2021 leaving behind her married
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TP/1608/2023 WITH WILL/667/2023 daughter Neha Relic. Exh. F to the Petition is a copy of Death Certificate of Pratibha Parekh. Save and except as mentioned in para – 9, there are no other legal heirs left by the deceased. The Petitioner was unaware that legal representation has to be obtained. The Society has recently advised the Petitioner to obtain appropriate legal representation. The Petitioner therefore prays that the delay in filing this Petition for Probate may be condoned. Thus, the delay is explained.
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Petitioner's Oath is filed. Consent Affidavits of son, daughter and grand daughter as mentioned in para 9, are on record. Affidavit of Dr. Pranav I. Sheth, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed . All other legal formalities are complied with. Hence, Petition is granted.
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Office to issue Probate of the Will as prayed after verifying whether any Cross Petition or Caveat is filed.
Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master
13.12.2023