Bharat Ranchhoddas Shah vs Shantaben Ranchhoddas Shah ...
2019 Latest Caselaw 50 Bom

ary                              Before: Shri K.K. Trivedi,
                                         Addl. Registrar (O.S.)/
                                         Addl. Prothonotary and Senior Master

                                Date : 18th June 2019.

CALLED FOR DIRECTION:
54. TP/1950/2017 Ms. Avni Bhanushali i/b Asha Bhuta, Advocate
                 for Petitioner.

                             P.C.: 1.       Heard. Perused Petition.


                                     2.     The deceased died on 20th September
                                     2011.      She     left      behind          Will        dated
                                     19th December 1989.              Petition is filed by
                                     Bharat Ranchhoddas Shah who is Petitioner
                                     and son of the deceased.


                                     3.     Perusal of the Will suggests that
                                     deceased     had        appointed         her       husband
                                     Ranchhoddas Chatrabhuj as the Executor
                                     and if he predeceased the deceased then
                                     Shri    Amritlal    Damodar           Shah       and      Shri
                                     Kantilal    Joitaram        Shah        shall       be     the
                                     Executors.         They are also entitled                    to
                                     appoint some other person, if they deem fit
                                     and     proper     as     per     directions         of    the
                                     deceased in her Will. It has been stated by
                                     the Advocate for Petitioners that husband
                                     has expired, however, there is no mention
                                     about the same in the Petition, on which




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                                     date, he has expired and Death Certificate
                                    is not annexed. Advocate undertakes file.
                                    Advocate to file renouncement Affidavit of
                                    the Executor, so appointed as Executor,
                                    also to file attesting witness affidavit to the
                                    Will. If attesting witness are not available,
                                    she undertakes to comply with as per High
                                    Court, Original Side Rule 384.


                                    4.      There are discrepancies in the title.
                                    The same is required to be corrected.                    In
                                    view of the fact that Petitioners are relying
                                    on      the   xerox   copy   of     the      Will,     the
                                    statement is required to be made in the
                                    Petition and also prayer is also required to
                                    be corrected.         Advocate states that she
                                    will take appropriate steps and prays for
                                    for fours weeks time.           If amendment is
                                    required, Advocate is permitted to do so
                                    and redeclaration is necessary.


                                    5.      Hence, adjourned for four weeks.




18.06.2019

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