Bharti Shantilal Oza v. Nirmala Balkrishna Trivedi (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

16. TP/281/2024 Mr. Sagar Rane a/w. Graham Francis, Adv. i/b. Maulik Tanna for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02161412023) with WILL/85/2024 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 Bharti Shanlilal Oza being the sole Executor named under the Will of the deceased. Deceased Nirmala Balkrishna Trivedi said to have died at Mumbai on 01.05.2020. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar and Pan Card of the deceased as ID Proof are annexed to the petition, alonwith additional affidavit filed by the Petitioner on 03.09.2024.

2. Mr. Rane, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 01.01.2010. The said Will is in Gujrati language. The Ld.

Adv. for the Petitioner has filed affidavit dated 03.09.2024 regarding translation of the Will.

3. Mr. Rane, 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 predeceased the deceased.

Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that Petitioner states that vide order dated 10.01 .2022 passed by the Hon'ble Supreme Court of India during the Covid-19 pandemic, the period from 15.03.2020 till 28.02.2022 was ordered to be excluded while computing limitation.

Hence, excluding the aforesaid period, the present Petition has been filed within time.

There has been no intentional delay in filing the present petition and the delay, if any, may be kindly condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of four nephews and one niece of the deceased as mentioned in para 9 are on record. There is Additional affidavit of service dated 22.07.2024 filed by the clerk of the Ld. Adv. for the Petitioner showing service upon three non consenting legal heirs of the deceased as mentioned in Para

9. The said affidavit is accepted by the Hon'ble Court vide Order dated 11.10.2024.

Affidavit of Dr. Vandana Srinivasan, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 16.10.2024