PRASHANTH KUMAR PATEL Vs. NIL

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. This petition is filed under Ss. 276 and 300 of Indian Succession Act praying this Court to grant a probate certificate in favour of the petitioner in the respect of schedule A to D properties standing in the name of Late Smt.Taraben Patel @ Taraben Gordhanabai Patel and grant such other relief as deems fit in the circumstances of the case.

(2.) The factual matrix of case of the petitioner before this Court during the lifetime of the petitioner's mother late Smt.Taraben Patel @ Taraben Gordhanabai Patel W/o Gordhanbai Patel and she has acquired certain movable and immovable properties in her name and she also executed a registered Will vide GAN-3-00265-002016- 17, Book No.3, stored in CD No.GAND 286, dtd. 31/3/2017 which was registered in the office of the SubRegisrar, Gandhinagar, Bangalore.

(3.) The counsel would contend that the petitioner's mother passed away on 8/11/2018 and also specific averment made in the petition that Schedule A properties absolutely stands in the name of his mother and in the Schedule B property, she was having 50% of the vacant plot property bearing Anand's City Survey No.1640 situated at Moje Village, Vallabh Vidya nagar, Kaira District, State of Gujarat which is morefully described in the schedule measuring in all 784.50 square meters. It is also contended that the petitioner's mother was having another property at Bombay City No.432, Naigam cross road, Wadala, Bombay that there is a plot of land measuring about 5048 square yards, where a house of 3 stored is built along with some more sheds and house wherein his mother has got 1/2 share which is morefully described in the schedule and the same was also acquired by way of 50% partner to the National Industries Company.