Dilip Punjiram Purani And ANR. v. Babiben Punjiram Purani (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th July, 2024 CALLED FOR DIRECTION:

18. TP/294/2024 with WILL/119/2024 DILI Ms. Hetal Nilesh Bhayani, Adv. for Petitioners. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Dilip Punjiram Purani and Ila Dilip Purani being the Executors named under the Will of the deceased. Deceased Babiben Punjiram Purani said to have died at Mumbai on 05.01.2017. Copy of Death Certificate is annexed to the Petition. Copy of Voter ID and Pan Card of the deceased as ID Proof are annexed to the petition.

2. Ms. Bhayani, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.10.2001. The said Will is in Gujarati language and the Ld. Adv. for the Petitioner has filed affidavit dated 29th April 2024 stating that her mother tongue is Gujarati and she is well versed with both the languages and the translation drafted by her is proper.

3. Ms. Bhayani, Advocate for Petitioners 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 deceased had five daughters and one son.

Out of five daughters elder daughter Kusum

Joshi died on 3rd January 2021. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioners submits that the petitioners were not aware of obtaining the legal representation from Hon'ble High Court Bombay and recently advised by their Advocate. So there is delay in filing the present petition. The delay so caused may be condoned. Thus, the delay is explained.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioners' Oath are filed. Consent Affidavits of four daughters and two grandsons of the deceased as mentioned in para 10 are on record. The Petitioner has filed Affidavit dated 24th July 2023 stating that both the attesting witnesses are expired. Death Certificate of Ramkrishna Patel one of the attesting witness is annexed to the affidavit. Affidavit of service of General Citation is filed. 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 05.07.2024