Devika Prakash Malkani v. Padma Gopaldas Advani (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd July 2024.

CALLED FOR DIRECTION (FOR COMPLIANCE :

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42. TP/1190/2024 [Original] (ECHCBM02219252023) Mr. Rupesh Mandhare i/b Sean Wassoodew 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 Devika Prakash Malkani being one of the Executrix named under the Will of the deceased.

Deceased Padma Gopaldas Advani, said to have died at Mumbai on 06.09.2013. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, Pan Card of the deceased is annexed.

2. Mr. Mandhare, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 08.03.2011. The said Will is in English language.

3. Mr. Mandhare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para - 6, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that there is a delay in filing the present Petition for Probate. The Petitioner states that the other executor of the said Will, named Mr. Rajkumar Metharam Bhavani was not usually residing in India. The Petitioner states that the said executor was also suffering

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) from serious health issues due to which he was unable to apply for the present petition with the Petitioner. The said executor thereafter expired on 25.02.2022. Thus, the delay is explained.

4. Petitioners' Oath are filed. Consent Affidavits of brother, sister and daughter of sister of the deceased as mentioned in para - 6 are on record. Affidavits of Hemant Amrutlal Shah and P.P. Ramachandran alias Ramachandran Pularnanthole Pisharam, 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

22.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master