Pravesh Nari Sippy v. Pahlaj Ambritrai Uttamsingh (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th May, 2024.

CALLED FOR COMPLIANCE:

35. TP/367/2024 (ECHCBM02084042023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Uttam S. Rane, 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 Pravesh Nari Sippy, being the Sole Executor named under the Will of the deceased. Deceased Pahlaj Ambritrai Uttamsingh, said to have died at Mumbai on 09.08.2015. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed on 26.11.2007. The said Will is in English language.

3. Mr. Rane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the widow of the deceased i.e. Janki Pahlaj Uttamsingh has died on 16th March 2023 and Exhibit "E" is the copy of the death certificate of the widow of the deceased. The parents of the deceased are pre deceased to the deceased. The deceased has no son from the wedlock. The deceased has no other daughter. The said deceased left behind his one daughter surviving as his only heirs and next of kin. 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 Petitioner states that he was not aware about any legal procedure for obtaining Probate and also were not familiar with the legal work and at no point of time, the said properties which mentioned in the schedule-I of the petition were require to be transferred as nothing to that effect was decided amongst the legal heirs of the deceased. The delay so caused was on account of the circumstances which were beyond the control of the Petitioner and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of married daughter of the deceased as mentioned in para -9 is on record. Affidavit of Naresh T. Narang, 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.

09.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master