Manish Narandas Kothari v. Radhabai Ramji Sejpar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 2nd July 2024.

CALLED FOR COMPLIANCE:

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28. TP/1262/2024 [Original] (ECHCBM02222332023) Mr. Siddharth Desai i/b Ankita Gala, 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 Manish Narandas Kothari, being the Sole Executor named under the Will of the deceased. Deceased Radhabai Ramji Sejpar alias Radhabai Ramji Sejpal alias Radhabai Ramji Thakker, said to have died at Mumbai on 04.11.2018. 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. Desai, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 08.12.2015. The said Will is in English language.

3. Mr. Desai, 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 husband of the Deceased Shri. Ramji Jetha Sejpar pre-deceased the Deceased in July 1963 and one unmarried daughter of the Deceased Pushpa Ramji Sejpal alias Pushpa Ramji Sejpar died on 3rd December 2020 hence she having no issues. Exhibit - F to the Petition is the copy of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Death Certificate of Pushpa Ramji Sejpal alias Pushpa Ramji Sejpar. The Deceased had only two daughters and had no sons. Save and except as mentioned in para - 9, there are no other legal heirs and next of kins left by the deceased. The Ld. Advocate for the Petitioner submits that there is a delay in filing the petition because the beneficiaries stated in the said Will now desire to transfer the properties mentioned in Schedule I in their favour. Hence delay in filing the petition is prayed to be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of married daughter of the deceased as mentioned in para - 9 is on record. Affidavit of Meena Manish Kothari, one of the attesting witness to the Will is 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.

02.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master