K R Venkateshwaran Alias Kollengode Ramachandran Venkateswaran v. Kollengode Venkateshwar Subramanian Alias K V Subramanian (Deceased)
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd May, 2024.
CALLED FOR COMPLIANCE:
69. TP/278/2024 (ECHCBM02208252023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Nehal Lathi, 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 Petitioner K. R. Venkateswaran alias Kollengode Ramachandran Venkateswaran being one of the Executors named under the Will of the deceased. Deceased Kollengode Venkateshwar Subramanian alias K. V. Subramanian said to have died at Mumbai on 28.07.2010. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Senior Citizens ID Card is annexed to the Will.
2. Ms. Lathi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.10.2008. The said Will is in English language.
3. Ms. Lathi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the father and mother of the deceased have expired. The wife of the deceased Ammani Subramanian died on 17th April, 2023. There is no other son or any other daughter. 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 the deceased died in
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2010 but Petitioner was not knowledgeable about the legal procedure and after consulting an advocate, he has filed this Petition for Probate so delay may be dispensed with. Thus, the delay is explained.
4. Petitioners' Oath are filed. The other Executor, Sriram Subramanian has reserved his right being the executor of the said will by filing Affidavit dated 20.10.2023. Consent Affidavits of son and two married daughters of the deceased as mentioned in para - 9 are on record. Affidavit of B. Chandrashekar alias Chandrashekar Balkrishnan, 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