Bombay High CourtTP/400/2024grant issued

Poonam Lalit Kumar v. Lalit Krishanchander Kumar (Deceased)

2024-04-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th April, 2024.

CALLED FOR COMPLIANCE:

74. TP/400/2024 (ECHCBM02218182023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., Advocate for the Petitioners.

P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for the Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Poonam Lalit Kumar, Rahul Lalit Kumar and Ashima Lalit Kumar being the Executor/Executrices named under the Will of the Deceased. Lalit Krishanchander Kumar alias Lalit Kumar S/o. of Krishan Kumar alias Lalit K. Kumar alias Lalit Kumar, said to have died at Mumbai on 02.08.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Ms. Badgujar, Advocate for the Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.01.2021. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Deceased died leaving behind Widow, Son and Daughter the Petitioners herein. The mother of the Deceased Mrs. Swadesh Lata Kumar died on 22-1-2023, she pre-deceased the Deceased. Exhibit 'E' to the Petition is a photo copy of the death certificate. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed. The other Executor/Executrix, Mrs. Pearl Jain Kumar and Mr. Ajay Brijkumar Arora have reserved their rights to come in and apply for Probate later on by filing Affidavit both dated 18.11.2023 respectively. Affidavit of Ashish Dinesh Gandhi, 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.

30.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master