Aditya Yash Chopra v. Pamela Yash Chopra (Deceased)
ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 13th March 2024 CALLED FOR DIRECTION:
45. TP/357/2024 (ECHCBM02214082023) with WILL/146/2024 Mr. Umair Merchant, Adv. a/w. Triveni Jawale i/b. M. T. Miskita & Co., for the Petitioner.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :
1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Aditya Yash Chopra, being one of the Executors named under the Will of the deceased. Deceased of Pamela Yash Chopra, said to have died at Mumbai on 20.04.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.
2. Mr. Merchant, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.05.2022. The said Will is in English language.
3. Mr. Merchant, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that The Petitioner states that the parents of the Deceased predeceased the Deceased. The Petitioner further states that the husband of the Deceased, Mr. Yash Walayati Chopra predeceased the Deceased on October 2012 in Mumbai. Exhibit "C" to the petition is a photocopy of the death certificate of Mr. Yash Walayati Chopra, issued on 22nd
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) November 2012. The Petitioner states that the Petitioner and Mr. Uday Yash Chopra are only sons of the Deceased from the wedlock with Mr. Yash Walayati Chopra. Therefore, the Deceased left, her two sons i.e. Mr. Uday Yash Chopra and Mr. Aditya Yash Chopra (being the Petitioner herein) as her only legal heirs and next of kin under the Hindu Succession Act, 1956, by which she was governed at the time of her death. Save and except as mentioned in para -9, there are no other legal heirs left by the deceased.
4. Petitioner's Oath is filed. The another executor Uday Chopra has filed his affidavit dated 15th November 2023 relinquishing/ renouncing his rights as executor. Consent Affidavit of son of the deceased as mentioned in para 9 is on record. Affidavit of Sanjeev Kohli, 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 as prayed after verifying whether any Cross Petition or Caveat is filed.
Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 13.03.2024