Harish Balram Talreja v. Balram Lakhmichand Talreja (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th April, 2025 CALLED FOR HEARING :

TP/251/2025 (E-filing) Ms. Palak Bindal i/b. Kanchan Talreja, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith two Codicils of deceased filed by petitioner namely Harish Balram Talreja being son and one of the Executors named under the Will of deceased. The deceased namely Balram Lakhmichand Talreja said to have died at Mumbai on 29.02.2012. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pancard is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Pune on 16.10.2004 and two Codicils are executed at Mumbai on 10.12.2008 and 06.01.2011. The said Will as well as Codicils are in English language. The Para No. 2(a) of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the Executors and another Executor namely Manju alias Namrata M. Menda relinquished her rights to execute the Will and Affidavit of Relinquishing dated 25.11.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and three daughters. Out of them son is petitioner herein and all three daughters have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs. In para No. 10 of the petition, the details of wife and daughters of Harish Talreja are mentioned however, they are not class I legal heirs therefore, they are not dealt with. Since, all class I legal heirs have been considered hereinabove.

4. Petitioner's oath is filed. Affidavit of Asfaq Taher Kadiani dated 20.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Moti B. Totlani dated 25.11.2024 one of the Attesting Witness to the both the Codicils are filed. Affidavit of Service of General Citation dated 10.02.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 16.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR