Jagruti Prakash Balsara v. Nirmala Jagmohandas Khatri (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

Mr. Sudhir Yadav i/b Kamini Yadav, Advocate for the Petitioner.

8. TP/466/2024 [Original] (ECHCBM02192082023) with WILL/206/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Joint Will and Testament of the deceased filed by the Petitioner Jagruti Prakash Balsara, being the Sole Executrix named under the Last Joint Will of both the deceased.

Deceased No.1 Nirmala Jagmohandas Khatri, said to have died at Mumbai on 22.04.2019 and Deceased No. 2 Jagmohandas Khatri alias Jagmohandas Ranchhoddas Khatri alias Jagmohandas Ranchoddas Khatri, said to have died at Mumbai on 05.08.2020 respectively. Copy of their death certificates are annexed to the Petition. For identification proof of both the deceased, copy of Aadhar Card and Pan Card are annexed to the Petition.

2. Mr. Yadav, Advocate for the Petitioner submits that deceased left behind their last Joint Will and Testament which was duly executed at Mumbai, on 10.11.2018. The said Will is in English language.

3. Mr. Yadav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that both the deceased are husband and wife.

The parents of the deceased No. 2 i.e.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Jagmohandas Khatri alias Jagmohandas Ranchhoddas Khatri alias Jagmohandas Ranchoddas Khatri, are pre deceased the deceased. Both the deceased have only one married daughter and only one son. There is no son and daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay is on account of the fact the petitioner was ignorant and unaware of obtaining any legal representation. Now the petitioner have been recently advised to obtained a legal representation hence this Hon'ble Court in the Interest of Justice may condoned the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of Ganesh N. Acholkar alias Ganesh Narayan Acholkar, 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.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master