Bombay High CourtTP/1033/2024grant issued

Manoj Ashok Punjabi v. Ashok Gulabrai Punjabi

2024-10-16S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

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

19. TP/1033/2024 Mr. Md. Mahmood Ali, Adv. i/b. Mrityunjay for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02153992023) with WILL/338/2024 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 Manoj Ashok Punjabi being the Executor named under the Will of the deceased. Deceased Shri Ashok Gulabrai Punjabi, said to have died at Mumbai on 19.12.2018. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Ali, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12.04.2018. The said Will is in English language.

3. Mr. Ali, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and wife of the deceased predeceased the deceased. Exh. E is a copy of death certificate of the wife of the deceased. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the petitioner submits that the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner states and submits that the Petitioner was not aware with regard to obtaining of the Probate of the said Will.

The Petitioner now advised interalia that for the transfer of the immovable property of the deceased the Probate for the said Will is required to be obtain from the competent court of law, in the circumstances Petitioner submits that delay if any, in filing the present Petition for probate be condone. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in para 10 are on record. Affidavit of Bhagwandas Maganmal Panjabi, 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 16.10.2024