Shyam Bhagwandas Mahtani v. Chandrakala Surat Hingorani (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th June, 2024 CALLED FOR DIRECTION:

50. TP/1092/2024 (ECHCBM02173592023) with WILL/373/2024 Mr. Raunak Bajaj, a/w. Shreya Gosavi, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Shyam Bhagwandas Mahtani being the surviving Executor named under the Will of the deceased.

Deceased Late Chandrakala Surat Hingorani said to have died at Mumbai on 18.07.2017. 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. Bajaj, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 07.06.2004. The said Will is in English language.

3. Mr. Bajaj, 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. Save and except as mentioned in para -5, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the petitioner submits that he could not file this Petition earlier as for the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) reasons mentioned below. He was appointed as an Executor being a well-wisher and a family friend of the deceased's family and was not aware of the legal process required to be followed after the testator's death and the children of the deceased are settled in the USA. Further, Since the family of the deceased, comprising of her husband and two children, are well settled in life and have always had good relations, they never approached the Executor to execute the Will. The husband of the deceased, Mr.

Surat Hingorani, is of advanced age of 85 years and wanted to complete the necessary Probate proceedings during his lifetime so that it is executed properly as his deceased wife had wished and he requested the Petitioner to carry out the same. Hence, the Petitioner prays that the delay in filing this petition may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of husband, son and daughter of the deceased as mentioned in para 5 are on record. Affidavit of Arjun Hingorani, one of the attesting witness to the Will is filed. The other attesting witness Anand Hingorani expired and copy of his death certificate is annexed to the affidavit filed by Arjun Hingorani. Affidavit of service of General Citation 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 or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 19.06.2024