Bharati Dinesh Maniar v. Dinesh Haridas Maniar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd August 2024.

CALLED FOR COMPLIANCE :

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22. TP/1213/2024 [Original] (ECHCBM02043542023) with WILL/435/2024 Mr. Tatsat K. Gor a/w Shyam K. Singh i/b Kapil N. Gor , 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 Bharati Dinesh Maniar, being the Sole Surviving Executor named under the Will of the deceased. Deceased Dinesh Haridas Maniar, said to have died at Mumbai on 27.06.2016. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Gor, Advocate for the Petitioner submits that deceased left behind him, last Will and Testament which was duly executed at Mumbai, on 10.01.2006. The said Will is in Gujarati language and Advocate for Petitioner has filed his Affidavit dated 22.07.2024 about translation of the Will.

3. Mr. Gor, 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 and despite due diligence, death certificates of the parents of the deceased are not found. The Deceased died leaving behind his Widow, a Son and a 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. Advocate for the Petitioner submits that the delay in filing present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. The Petitioner was recently advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Mahesh Haridas Maniar expired on 31.05.2014, however, copy of his death certificate is not annexed to the Petition. The Ld. Advocate submits that the copy of death certificate of the other Executor is not available. Joint Consent Affidavits of son and daughter of the deceased as mentioned in para - 8 are record. Affidavits of Jyotsna M. Maniar and Indu Mody, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. 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.

22.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master