Kamlesh Chatrabhuj Damani v. Chatrabhuj Mohanlal Damani (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th August 2024.

CALLED FOR COMPLIANCE:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

32. TP/1206/2024 [Original] (ECHCBM02147432023) with WILL/432/2024 Mr. Sulay Mitra i/b Krupa Parekh, Advocate for the Petitioner.

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 Kamlesh Chatrabhuj Damani, being one of the Executors named under the Will of the deceased. Deceased Chatrabhuj Mohanlal Damani, said to have died at Mumbai on 19.08.2016. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Mitra, Advocate for the Petitioner submits that deceased left behind him, last Will and Testament which was duly executed and registered at Mumbai, on 23.09.2014. The said Will is in English language.

3. Mr. Mitra, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased had three sons and two daughters. Save and except as mentioned in para - 11, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware of the Will of the deceased be probated. Hence, he could not file

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) this Petition within limitation period and thereafter when he came to know immediately, he filed this Petition for Probate. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executrix, Kanchanben Chatrabhuj Damani predeceased the deceased on 07.12.2015 and copy of her death certificate is filed on 22.07.2024. Consent Affidavits of two sons and one daughter of the deceased as mentioned in para - 10 are record. There is Affidavit of Sheriff's office dated 25.07.2024 filed for non-consenting legal heir, Rekha Suresh Lakhani, daughter of the deceased. Affidavit of Dilip Tansukhlal Kothari and Dhirajlal P. Oza, both the attesting witnesses to the Will are 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.

20.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master