Vinodini Ramchandra Gupta v. Sudha Ramchandra Gupta

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th October, 2024 CALLED FOR DIRECTION:

25. TP/1761/2024 Mr. Pranav Monani, Adv. i/b. Kanga & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02199782023) with WILL/687/2024 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 Vinodini Gupta being one of the Executrix named under the Will of the deceased. Deceased Sudha Ramchandra Gupta, said to have died at USA on 16.01.2005. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Mr. Monani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.11.2003. The said Will is in English language.

3. Mr. Monani, 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. Husband of the Deceased died after the death of the Deceased. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioners submits that the Petitioner states that she has been advised

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) to apply for Probate of the last Will and Testament of the Deceased to enable her to convey the Immovable Property situated at Versova, Seven Bungalows, Andheri (West), Mumbai - 400061 of which the Deceased was the owner which she has bequeathed under the said Will and also to enable the Petitioner to close the Bank Accounts more particularly mentioned in the aforesaid Schedule No. I, existence of which was not known to the Petitioner till now, hence the delay in filing this Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other Executrix Sarojini Gupta has filed Affidavit dated 23.09.2023 reserving her rights as Executrix. Consent Affidavits of three daughters and one son of the deceased as mentioned in para 8 are on record. Affidavit of Kaustubh Zoal, 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 18.10.2024