Bombay High CourtTP/189/2024grant issued

Gulabchand Lalchand Yadav v. Lalchand Kalu Yadav (Deceased)

2024-08-19S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th August 2024.

CALLED FOR COMPLIANCE:

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14. TP/189/2024 [Original] (ECHCBM02187102023) with WILL/36/2024 Mr. Deven Jogdeo, Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Gulabchand Lalchand Yadav and Vinod Lalchand Yadav, being the Executors named under the Last Will of the deceased. Deceased Lalchand Kalu Yadav said to have died at Jaunpur, Uttar Pradesh on 24.05.2001. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter Id is annexed to the Petition.

2. Mr. Jogdeo, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.08.2000. The said Will is in Hindi language and official English translation of the said Will is filed.

3. Mr. Jogdeo, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that mother of the deceased pre-deceased the deceased. The wife of the deceased died on 4th September, 2021. ,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 of 19 years and four months was caused due to paucity of funds. The Petitioners filed this Testamentary Petition as soon as they could gather necessary funds. Hence, the delay be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed.

Consent Affidavits of two married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Moti Chand Yadav, 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.

19.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master