Mukesh Dhanjibhai Daftery v. Indumati Dhanjibhai Daftery (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th July 2024.

CALLED FOR COMPLIANCE :

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13. TP/2144/2024 Ms. Anita Manjalkar, 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 Mukesh Dhanjibhai Daftery, being the Sole Executor named under the Will of the deceased. Deceased Indumati Dhanjibhai Daftery, said to have died at Mumbai on 10.10.2017. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Manjalkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.09.2017. The said Will is in English language.

3. Ms. Manjalkar, 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. It is submitted that no female child born out of said wedlock. Save and except as mentioned in para - 8, there are no other legal heirs and next of kins left by the deceased. The Ld. Advocate for the Petitioner submits that Petitioner being layman was not aware of procedure. There is delay is filing the present Petition for genuine reason. It is also submitted that Petitioner was not aware that Probate should be obtained in respect of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Will of the deceased and he has now been advised to obtain Probate of the Will of the deceased and the delay in filing the present Petition may please be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Ragini Mukesh Daftery, 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.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

09.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master