Uday Bhalchandra Upadhyay v. Mahendraprasad Narainji Trivedi Alias Mahendrakumar Narainji Trivedi (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th August, 2024 CALLED FOR DIRECTION:

39. TP/1090/2024 Mr. Kaivalya M. Raul, Adv. i/b. Neel Anil Gala for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02228302023) with WILL/372/2024 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 Uday Bhalchandra Upadhyay being the sole Executor named under the Will of the deceased. Deceased Mahendraprasad Narainji Trivedi alias Mahendrakumar Narainji Trivedi said to have died at Mumbai on 22.05.2020. 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. Mr. Raul, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.02.2016. The said Will is in English language.

3. Mr. Raul, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents, wife and son Kishore Mahendrakumar Trivedi of the deceased predeceased the deceased. The wife of the predeceased son Kishore viz.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sangita Trivedi was divorced during his lifetime. The said predeceased son and divorced wife have two sons which are mentioned above and are the grandsons of the deceased. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that The Deceased died in the period of Covid, a complete lockdown was there in the country wherein, the Hon'ble apex Court had categorically excluded the period from 15/03/2020 to 28/02.2022. The legal heirs of the Deceased are residing out of the country and during the Covid period there were huge restrictions on travelling and therefore, some delay had happened. As soon as the world came back to normal the Executor along with the legal heirs has taken diligent steps to file the present Petition. Therefore, in the interest of justice, delay if any may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two married daughters and two grandsons of the deceased as mentioned in para 10 are on record. Affidavit of Teesha Jinish Soni, one of the attesting witness to the Will is 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 30.08.2024