Raj Kapoorchand Chandaria v. Dinu Kapoorchand Chandaria (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

19. TP/1141/2024 Mr. Neveille Mukerji, Adv. i/b. Veritas Legal for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02143412023) with WILL/395/2024 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 Raj Kapoorchand Chandaria being the sole Executor named under the Will of the deceased. Deceased Late Mrs.

Dinu Kapoorchand Chandaria, said to have died at Westminster, United Kingdom on 18.08.2017. Copy of Death Certificate is annexed to the Petition. Copy of Person of Indian Origin Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Mukerji, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.02.2010. The said Will is in English language.

3. Mr. Mukerji, 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 Husband of the Deceased has pre - deceased the Deceased. The Deceased died as a widow.

The said Deceased had two sons and one married daughter. One of the sons of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) said Deceased i.e. Anish Kapoorchaand Chandaria has expired on leaving behind a widow, one son and one daughter as mentioned above. Exhibit - C to this Petition is the Death Certificate of Mr. Anish Kapoorchand Chandaria. 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 Husband of the Deceased has pre - deceased the Deceased. The Deceased died as a widow. The said Deceased had two sons and one married daughter. One of the sons of the said Deceased i.e. Anish Kapoorchaand Chandaria has expired on leaving behind a widow, one son and one daughter as mentioned above. Hereto to annexed and marked as Exhibit - C to this Petition is the Death Certificate of Mr. Anish Kapoorchand Chandaria. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of married daughter, daughter in law, granddaughter and grandson of the deceased as mentioned in para 10 are on record. Affidavits of Celine D'souza and Jignasha 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 31.07.2024