Sumit Durlabhdas Samani v. Durlabhdas Karsandas Samani (Deceased)

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

18. TP/673/2024 Mr. Subhash Khade, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02107992023) with WILL/293/2024 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 Surnit Durlabhdas Samani being the sole Executor named under the Will of the deceased. Deceased Durlabhdas Karsandas Samani alias Durlabhdas K.

Samani alias D.K. Samani alias Durlabhdas Samani said to have died at Mumbai on 12.06.2006. Copy of Death Certificate is annexed to the Petition. Copy of Election Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Khade, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 04.04.2006. The said Will is in English language.

3. Mr. Khade, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The deceased left his widow, one son and no daughter.

Save and except as mentioned in para -8,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the petitioner submits that the delay in making present petition is on account of the fact that petition was ignorant and unaware of obtaining any legal representation hence this Hon'ble Court in the interest of justice may be condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other Executrix Hansa Durlabhdas Samani has filed her Affidavit dated 08.06.2023 renouncing and relinquishing her rights as Executrix. Consent Affidavit of widow of the deceased as mentioned in para 8 are on record. Affidavits of Dharmesh Shah and Kalpesh M. Shah, both the attesting witnesses to the Will are 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 16.10.2024