Bombay High CourtTP/1222/2024grant issued

Achuthan Siddharth v. Pulikkal Achuthan Nair (Deceased)

2024-09-04Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th September, 2024 CALLED FOR DIRECTION:

33. TP/1222/2024 Mr. Malcolm Vaz, Adv. i/b. Sanjay Rego for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02205172023) with WILL/438/2024 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 Achuthan Siddharth being the Executor named under the Will of the deceased. Deceased Pulikkal Achuthan Nair, said to have died at Mumbai on 20.07.1990.

Copy of Death Certificate is annexed to the Petition. Petitioner has filed affidavit dated 04.09.2024 for non availability of ID proof of the deceased annexing therewith copy of Ration Card.

2. Mr. Vaz, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 17.06.1973. The said Will is in English language.

3. Mr. Vaz, 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 wife of the Deceased has also predeceased the deceased. Save and except as mentioned in para -6, 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 filing the present Petition is on account of the fact that the Petitioner was ignorant and unaware of obtaining any legal representation. Recently he has been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para 6 are on record. Affidavit of Mr. C. Parameswaran Nair alias Parameswaran C, 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 04.09.2024