Sunil Ashok Teckchandani v. Poonam Kishinchand Godwani

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th July 2024.

CALLED FOR COMPLIANCE :

29. TP/1842/2024 (ECHCBM02108492023) with WILL/680/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. R. K. Shetty, 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 Sunil Ashok Teckchandani, being the Sole Executor named under the Will of the deceased. Deceased Poonam Kishinchand Godwani alias Poonam K. Godwani, said to have died at Mumbai on 05.09.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Shetty, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 23.01.2018 and 24.01.2018 respectively. The said Will is in English language.

3. Mr. Shetty, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased. Exhibit - D to the Petition is the copy of death certificate of the husband of the deceased. The deceased had two daughters and had no son. Save and except as mentioned in para - 8, there are no other legal heirs and next of kins left by the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. The Ld. Advocate for the Petitioner submits that the delay in making present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing the present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two married daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Sunder T. Godwani, 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.

11.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master