Rajesh Nandlal Sahjwani v. Yogesh Nandlal Sahjwani

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th October, 2024 CALLED FOR DIRECTION:

29. TP/1077/2024 Ms. Samiksha J. Ludbe, Adv. i/b. Mahesh Damodar Pol for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02167792023) with WILL/364/2024 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 Rajesh Nandlal Sahjwani being one of the Executors named under the Will of the deceased. Deceased Yogesh Nandlal Sahjwani, said to have died at Mumbai on 14.11.2019. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Ludbe, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.05.2014. The said Will is in English language.

3. Ms. Ludbe, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the mother of the deceased predeceased the deceased. Deceased being unmarried had no children i.e. no son and no daughter. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Delay caused in filing of the present Petition is on account of the fact that after demise of the deceased somewhere in March, 2020 a nationwide lockdown was declar'ed due to pandemic of Covid-l9 disease, due to which the Petitioner could not file the present Petition within the period of limitation and only after relaxation conditions decided to preferred and accordingly filed the present Petition before this Hon'ble Court. Hence this Hon'ble Court in the interest of Justice may condone the delay caused in filing of the present petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other executor Pawan Vikram Sahjwani has filed affidavit dated 24.08.2023 renouncing his rights as executor. Consent Affidavit of father of the deceased as mentioned in para 8 is on record. Affidavits of Anand Nanik Lulla and Sunil Nandlal Chawla, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 11.10.2024