Bombay High CourtTP/2999/2024grant issued

Chandni Bharat Dharra v. Bharat Jamnadas Dharra

2025-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th February, 2025.

CALLED FOR HEARING:

9. TP/2999/2024 [Original] (ECHCBM02041832023) with WILL/1202/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Akhil Nair i/b Devendra Dandwani, 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 Chandni Bharat Dharra being the Executor named under the Will of the deceased. Deceased Bharat Jamnadas Dharra, said to have died at Mumbai on 17.09.2012.

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. Nair, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 03.07.2012 and 04.07.2012 respectively. The said Will is in English language.

3. Mr. Nair, 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. There are no other son and daughter. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that though the deceased

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) passed on 07.09.2012, the cause of action to file the present Petition arose on 03.05.2023 when the Petitioner had demanded heirship certificate for sale of the property which belong to the deceased. Therefore, the present Petition is filed within the limitation period prescribed by law. Delay Condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of daughter and son of the deceased as mentioned in para - 10 are on record.

Affidavit of Deepak Sadhumal Punjabi, 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.

05.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master