Haresh Verhomal Vasandani v. Mahesh Verhomal Vasandani (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd May, 2024.

CALLED FOR COMPLIANCE:

65. TP/50/2024 (ECHCBM02194252023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Anima Mishra i/b Rachna Kapasi, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Haresh Verhomal Vasandani, being the Sole Executor named under the Will of the deceased. Deceased Mahesh Verhomal Vasandani said to have died at Mumbai on 29.07.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Ms. Mishra, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12.09.2019. The said Will is in English language.

3. Ms. Mishra, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the daughter of the Deceased named Kareena is referred to by her pre-marital name Vanita in the said last Will and Testament of the Deceased. It is further submitted that by Affidavit dated 22.04.2024, it is stated that the parents of the Deceased pre-deceased the Deceased. The mother of the Deceased, viz. late Mrs. Padma Verhomal Vasandani, expired on or about 6th April

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2005. Exhibit "A" to the Affidavit is a true copy of her Death Certificate. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that on account of the Covid-19 pandemic and incidental hardships in access to lawyers and courts, this Petition has been filed after a year of the demise of the Deceased. but in any event within three years of the demise of the Deceased.

4. Petitioner's Oath is filed. Consent Affidavits of widow, two sons, one married daughter and daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Tarun Tekchand Khatri, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. 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.

02.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master