Suriaprabha Trivikramdas v. Sukumaran Alias Sukumar Krishnan Nair (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

Ms. Vandana Singh i/b Rana Singh, Advocate for the Petitioner.

24. TP/2164/2024 [Original] with WILL/886/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Suriaprabha Trivikramdas d/o Sukumaran Krishnan Nair, being the Sole Executrix named under the Will of the deceased. Deceased Sukumaran alias Sukukaran alias Sukumar Krishnan Nair, said to have died at Nerul, Navi Mumbai on 18.07.2017. 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. Singh, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 17.07.2016. The said Will is in English language.

3. Ms. Singh, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. Exhibit - 'C' to the Petition is the copy of death certificate of the wife of the deceased. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) that the delay in filing the present Petition is on account of the fact the delay, in filing the present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any representation recently. They have been advised to obtain Probate. Hence, delay in filing the Petition in the interest of justice may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of three sons and two daughters of the deceased as mentioned in para - 8 are on record. Affidavits of Gopal G. Menon and T. P. Sreedharan Nair, both the attesting witnesses to the Will are 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.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master