Haren Arvind Thakkar v. Rukmini Vinay Nerurkar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th August 2024.

CALLED FOR COMPLIANCE:

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17. TP/268/2024 [Original] (ECHCBM02122292023) with WILL/76/2024 Mr. Sudhir Yadav i/b Vijay Nene, 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 Haren Arvind Thakkar, being the Sole Executor named under the Will of the deceased. Deceased Rukmini Vinay Nerurkar, said to have died at Mumbai on 13.10.2019. 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. Mr. Yadav, Advocate for the Petitioner submits that deceased left behind her, last Will and Testament which was duly executed and registered at Mumbai, on 12.03.2019 and 19.03.2019 respectively. The said Will is in English language.

3. Mr. Yadav, 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 pre-deceased the deceased. Exhibit - D to the Petition is the copy of death certificate of the husband of the deceased. Deceased died as Widow. The deceased had one son and one daughter. 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 present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and daughter of the deceased as mentioned in para - 8 are record. Affidavit of Vinay Paydhul Kulapkar, 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.

20.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master