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(G.C.P.) J 4!)0 Uoo.)O-'i·~)OlG) lSpl.-P.'f.R. 10 c.

o.n., J.D. No. 4:398. dated 3·7.161
(WillNo. 223 of2017)
PROBATE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Ael ;"XXIX or 1925. Sectio/l.807. .Testam.entll>:Y al~~ Intestate Jurisdicti<,>n
Petition No. 536.of2017 .
Bl!: IT ~()'tNtr\£lf this day bemg .tlre ~r,,)!/,-"i:7 tJ 1'1 ft_'+l _
day of Sp.ptcm.ber;-Two"-rhousand
Seventeen, the Last Will and
",'C' ... ,', .'" __ •

TeRtament (A.copy whereof .is 'hen,unto annexed) of Balwantrai

. ""'c'" ·:·C . :.•.. ,,_.•.. : .• '. ".'.:_'.

HarjiYl!lrida,}Mehta',' Hirrdt»•.tndtanjnbabttant of MUITIbai,'Marrieo,

';,' ': '_:' ..'.,-- --,', ' .

~ r~tired .gentleman, who died at Ml.lmbai.. on or about the

Eighteenth day of November, Tw.o Thousand Fourteen. is proved

 led, do

oed to in

Till and
Harjivandas Mebta, Indian Inhabitant, aged 80 Years,
~ecutor

i'operty currently residing at 289, Paradise CHS, Flat No.8, Ground

King's circle, Sion-East, Murnba! - 400 022, declare this to

jng his
expressly revoke all wiils registered or unregistered an
herein
dispositions here before, if any made by me. I declare this to
:Iwill
testament. .~./W~t:.,

2) (a) I appoint following personnel" as \\EXecutors'/or::'''Tru~t~es'' of my will.

; .. \'-";"'" .i~·:-~::'{"-.~".~~-;.. ~;>!$;
..,.
~ the
Mrs. Damyanti Balwantrai Mehta.-:-.My"Wife ':;;:"
(i)
,time. 1"_ ~~~:'':+:i~~:,;
. ~;~~ • ~-

Mr. Dharmendra Bhikalal M~~ha~L..~~y(o~lderSon-in-law,

(ii) '«~;v~ 't':?:;;~i}"!
. 'also ,"3

Mr..Rakesh Ramesh Bot~'da}a:,;"..".,,{:,younger Son- in- LaW

(iii) ~;':::J,,,_,~~ . . .
;l'ble
The Executors or Trustees shall_.;";""mean' ...,
the survivors of them arid the executors
,Uch ...

.:v or the trustees under this my will."

(b) In case of any

~ difference of opinion between the executors the
.
decision of
s, "r:

,~. "'~~
Mrs. D?myanti Mehta shall prevail.

3) Jhe executors or trustees of my will shall have power to appoint additional

~~~, -~\; :~~y
pe().ple as executors to administer my will. Decisioh of appointm¢nt of .additional
...... ~
~xecutors is solely with my appointed executors only.

4) I am married to t4rs. pamyanti Mehta and out of our wedlock, we have following

children .
.(i) Mr. kamlesh Mehta - Son

(ll) Mr. Jasmin Mehta - Son

(iii) Manisha Pharmendra Madhani - Daughter

(iv) Mayuri Rakesh Botadara - Daughter.

All olthern
are married and placed inthele
life withth7ilY'

(, ,Ii
My.eldest son, Kamlesh Mehta, is married and his family consist of

(i) Kamlesh Mehta - Self

.
(ii) Harsha K Mehta - Wife

(iii) Devanshi K Mehta - Daughter

(lv) Siddharth K Mehta - Son

Kamlesh with his family resides at C-2 I 65, shubh Karma: c::Hsj

compleX, Harbanslat c.omrade Marg, sioo-::Kbtiwada,Mumbai -

My Younger son, Jasmin Mehta is married and his family consi

(i) Kavita Mehtq .. HisWife

(ii) Vineet Mehta - HiSSon

ilding, Chandaverkar
My Son, Jasmin Mehta, resides at" 361-6
"
I..
~~ "
~:--.
Cross lane, Matunga, Mumbai - 400 019.

Daughter, Manisha is'(1),~rd~d',;;}O',,~~~

',,'.'it::~"~
Dharmendra Madhani and is
....
.~:;..:.,::~ '~";"'.
;~~. .

placed in her life with her hU$IJ.ahqDharmendraand.son Jigar MadhanL

'~'l~.;;_., .~~.(~~
.~~.:::.-
"

My Younger daughter is .rnarri~dt~'Mr. Rakesh Botadara, having a daughter -

-r, ~.. -:.;. ". .. ,
Nirva and a Son - Rishabhand is happily placed in her life.

Whatever I wanted to 9.!veto my daughters are given to them during my Hfe

time. ':'~;. c•
._\j;-, ..:....,
t~:r.;-,. '.."
6lJ."haye gi~en legacies & benefits to the persons, who may have been'aPP9inted
'f~;",;_. ,?"T"~-~~'
~'- .:-'_ -
as"executors/trustees of my will. Such legacies/benefits are given to them 'not
.

'becausethey are executors/trustees but because they are velY closely related to

me to. whom I desire to give such .legacies and benefits. The legacies and/or

Benefits to the said Personswho are appointed as Executors I Trustees shall be

entitled to receive legacies/benefits given to them, by me, under this will,

irrespective of their decision to act as executors or not to act CIS 'executors for

any reason or renounce)heir right to obtain probate. I herewith direct that.

to them under this will shall be paid or given
 . !

7) All properties movable and/or immovable, possessed by me are self acquired

properties, acquired out of my earnings. I have full testamentary pow~r .pverthe

said moveable &. Immovable properties.

8) Any mistake in the description or any omission there from will not affect the

dispositions hereby made and this is applicable to all my properties of

whatsoever nature and wherever situated and standing in my name solely or

jointly with anyone else, if my name is first .

. (A) IMMOVABLE

Complex,
(i) Residential flat at C-2 / 65,
Harbanslal Comrade Marg, Sion-K.,o!i~ad"ai;.Munibai
- 400 037. This flat is fully
"" '~~~"'~~~r;~~~
"';t;?~

furnished with furniture, fixtures, 'appliances, equipments and fittings. The

':". ~~::f.,:t
.., '~~;;"
society has issued share certifica~e"l~o.153 bearing share numbers 783 to 792

in my favor. I have nomi~ated''Mr.. Siddharth Kamlesh Mehta for this flat and
...... <.

nomination form is dully filled:

(ii) Residential room at 361-B / 16, Nishar Building, Chandaverkar cross Lane,

~atunga: Mumbai _ 400 019. In this property, 1 hav~ my tenanCYrights.

~~:'
..; "',;,.

.tS) MOVABLE

1. I have various saving bank accounts with different banks.

II. PPFaccount with Indian Bank - King's circle·Branch, This account earlier was

with Central Bank of India, than shifted to Indian BC3nkfor convenience of

 . have various ,Fixed Deposit wlth . different· bank. Whichever is

unrealized or yet to mature at time of my death should be treated as

movable assets.

IV. I have a Bank locker with Indian overseas Bank - Sion I$ranch. Jointly

operated by me and by my wife Damyanti Mehta.

V. i have an investment in Shares held into DEMATaccount.

VI. I hold Investments into various mutual funds and Insura

VII. I would have Cash

. On Hand, Gold, Silver,·and DiamondOrn
.:;.1'

or in my locker.
. ·'4.::'"'~ri>;,~
Any other movable/immovable property}WhiCh through oversight I may have
. "......, ..
j' "\' .
VIII. \':~.~';'~v';,
...:.~~,

missed to list herewith. ·-·?:ff

Any property, which I ma.ta:c~;l.iir.e

i~~future, or which I may convert from my
IX. ...
:." ~f ~-'~~D
+':~ .

current properties or~whicr l'may inherit or receive by way of gift.

.... .:;

10)
a) In respect of my movable properties, I have made nominations for the

..··;"~k~
~f.darit~ to bequeath.
""""',;.,-,""<..
1(1:» If'old my b,nk "counts in Joint name, fo' the Pu,po,. of .,sy and
·~'_ti~:,l.;::;.",
~!.~ ~: .
"q•.., cqrwenient operation.
c)"'-?f,4P;-
The Investment made in joint name where my
, name is first, is for the

purpose of convenience.
d) However it is very clear those properties belongs to me and are absolute

properties to which no one has rights, claim or interest. The joint holde~s

/ nominees will collect the amount and wlll handover to executors

. me under this will for them to administer it as per my wish
 e) ,0 the b«t of my knoWled!Ce,I do not owe any mane{ to anyone what so
ever. Neither 1 have g;ven gu."nfee on behal! of anyone nor did 1 stand

suret'{ for anyone whatsoever. If there ate any claims made in sucn
respect, it needs to be thoroughlY sQ"utinized and Identjfied by the
executors before making any decision to setile the same. If' .~,al\cR°st a\1

scrutiny if claim found to be genuine, It may be settled out of mY movable

properties. ,
.'.',
11) 1 direct my executors/trustees to payoUt of my estates, my debts If any,

Probate or succession fees or any tax payable by me, indudin

payable in respect of any benefit given by this will

H) 1 direct executors/trustees of my wlllto spena fur my'!!.

<1?iJ;'
ceremonies as they may deem fit out of my properties.
cutors of my wUl to give
13) In the matter of Immovable properties, I d'

devise and bequeath my properties as unde~'f

;~;:~;.;:;. '" .-tr ~.i.~.;

a) In respect of my fully furnIShed fl~t:'t C'~/~5, Shubh Karma CHS, 6" FlbOt
.:~.:.-.~.. ~" "~";

KarmakShetra complex, H;rbcan~·al.ComradeMarg, Slon-Kol\Wada,Mumbal -

-¥- -. e,
'"'; .._ ~.
400 037, together with,fum.ituii<,.fixture, appliances and equipment, I dked
.. .' ".-. . .
-'
executors of my wllL.to gi~e; devise, bequeath the same to nw grandSOn

.
Siddharth Kaml«h Mehta"The share certificate issue by the sodet'{ shall be
t",nsterred in name ..of Mr. Siddharth Kamlesh Mehta. 1 shall al,o "'ange
.

nomirtations in his name for ease and clarity .

.~.

·t~l~-:_.
.flo respect of my tenanC'{ right In room located at 361-6 / 16, Nlsbar
"'"'".-i.····
6Ulldln9,
'i:O"~;{r:" ChandoVerkar CroSS Lane, Matunga, Mu<n.al - 400 019· I dired

executors of my wHlto get this right t"nsferred In my wife name - oartW""~

B. Mehta.
 In the matter of mYmovable propeitiOS, 1 direlOtexeoutors and trUstees of

my wlllto give, devlS. ~nd b.. ueath mYpropertleS'a, under.

i

a) The amount balance in my PPF account

b) proceeds of LIe policies, if any balance.

c) proceeds of 5B account with Banks

d) pro<:eeds of my FOR.accounts'

e) proceeds of my Mutual Funds

All of above listed pi'<)Ceep$as'stated above frOm -a- to ~e' ,
til

wife, Damyanti 6. Mehta

15) In the matter of 'hares

. . in oeMATacCount held in 'my name'"
iJ' .
wife. Wherever nominatiOn made, should be transf" in nominees name. MY
. "'lllt',
wife has an eXclusive right to retain or redi>.fd· s or OS sal""pro,,",dS

to anyone individual or groUP of indivJduals"la

~r~~~

1 &) In the matter of ornaments, f,sh

'~Z~":"~;;'\ ' .'
~~ hand, Jewelry. 1 direct executors of my
''$ .~
_,-:.-1:-0- ·,_~c j

wlllto give devise and bequeat\\c",e"ame

y . to mYwife Damyantt• "'eh .....She shall

.
prOVidefor wedding gift of ali.';;y:~"'nd children, whose name are listed in point

No.5 of this WlIl. 1

".,;" .
wish'' " give ,II my grandchnd",n
.
and ",.wI\1 be declded by
-. . ·c. .' • .

my wife. ThiS amount shan be provided from th~ cash on hand, ornaments and

Jewelry",alSo wish to donate amo"pt Into education, health and ,otner charltYas
»,

,"" I, ~s ,.1eli910US trUst. 1 would I.~ve this deciSIon to my wife to' decld. the

f..Y/'" .;1-" ;~-l:...~.~.

amo.~.l£'\t)ndplaces to donate the same.
'~,;r

17) ,am a karta of ",y HUFaccount. Ban~ bal,nce and any other assets owned

ln name of HUF ,hould be managed by my wife for Its distTibotton.

18) In the m,tter of my re"duary estate, ) direct executor< of my will to give,

devise anQ bequeath the same to my Wife Damy,nt; Mehta and If ,sM
predeceases me, then the same w;1lbe given to mYbdth the sons equally, equOI
19) 1 have made this will in my normal health arid sound mental condition. I have

made this will without beif.\ginfluenced by anYbody.-What is written in this will is

out of free will.

InWitness Whereof, I, salwantrai H.rjiv.04" ",eM>have he<eYQ1;<'

..~e\ ,n.

subscribed my hands to this my Last Witl at Mumbai, 14th day of 2014

Signed by the above

named Mr. Balwantrai HarjiVandas Mehta the Testator and ae'

ame
him as his Last Will and Testament in the presence of us, being

time, who, at his request, in his presence and in the presence

explained the contents of the • WILL" and have hereunto subs~.!!ibedour names as
,("

Witnesses

WITNESSES:

(01) Name& Addre~s:

---rV~Hep. M 6HI/II
I-?~ 6_ HiTCa.. MCtntk ~ii}'
&(}&-I.;14 ~~J V;lc ~~rlt'6t) ;.C.'
, 1111"';"''-'" j,,;(P()s," -c

Copies are taken of this will contains Seven Pages and 'each page is signed by me.

BALWAI\I'TRAIHMEHTA ~

Place: MUr--1BAI •

Date: 14tnJune 2014

 CHAlLAN
MTR Fonn Number-6

MEHTA DECEASED
PETITIONER

Seventy Five Thousand Rupees Only