Bhanukumar Girdharlal Fozdar v. Bhavna Bhanu Fozdar Alias Bhavna Bhanukumar Fozdar Alias Fozdar Bhavna Alias Fojdar Bhavna

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th September 2024.

CALLED FOR COMPLIANCE :

18. TP/1076/2024 [Original] (ECHCBM02236762023) with WILL/363/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, 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 Bhanukumar Girdharlal Fozdar, being one of the Executors named under the Will of the deceased. Deceased Bhavna Bhanu Fozdar alias Bhavna Bhanukumar Fozdar alias Fozdar Bhavna alias Fojdar Bhavna, said to have died at Mumbai on 29.05.2001. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter ID is annexed to the Petition.

2. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 04.01.1999. The said Will is in Gujarati language and official English translation of the said Will is annexed.

3. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased left her husband, one Son and one Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was ignorant and unaware of obtaining any legal representation. Now, the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner has been recently advised to obtain a legal representation. Hence, this Honb'le Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Kirtikumar Girdharlal Fozdar has renounced his right by filing Affidavit dated 30.08.2024. Consent Affidavits of son and married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Devanshu Shah, 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.

24.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master