Aruna Chandur Chandiramani v. Chandur Nandiram Chandiramani (Deceased)
BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 31st July, 2025 CALLED FOR HEARING :
TP/4157/2024 (E-filing) Mr. D. R. Mishra, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Aruna Chandur Chandiramani being sole Executrix named under the Will of deceased. The deceased namely Chandur Nandiram Chandiramani died at Mumbai on 24.05.2005. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 07.11.2023 for dispensation of identification proof of deceased. The same is accepted.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 31.10.1996. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein.
3. Ld. Advocate for petitioner submits that parents and widow of deceased predeceased the deceased. Deceased was survived by two sons and two daughters. Out of them one daughter is petitioner herein and both the sons and another daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. As per para No. 12 of the petition, both the Attesting Witnesses to the Will namely N. G. Sadhwani died on 03.11.2013 and Mr. D. K. Wadhwani died on 25.10.2001 therefore, petitioner has filed Affidavit of third persons namely Suresh Premchand Malkani and Bharti C. Mirchandani both dated 08.11.2023 under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 06.01.2025 is filed. Delay is explained in para No. 11 of the petition and the same is condoned. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue LIMITED Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 31.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR