Bombay High CourtTP/1237/2024grant issued

Kusum Biswas Wd/O Arunkumar Biswas v. Sunita Ajitkumar Banerjee (Deceased)

2024-10-16S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

24. TP/1237/2024 Mr. Nandkishor Supal, Adv. i/b. Divya Shah Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02011072024) with CHOL/400/2024 KUSUM with WILL/440/2024 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 Kusum Biswas Wd/O. Arunkumar Biswas being the surviving executrix named under the will of the deceased. Deceased Sunita Ajitkumar Banerjee said to have died at Mumbai on 19.12.2023. 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. Supal, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 04.10.2016. The said Will is in English language.

3. Mr. Supal, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Eila Eileen Petit (name after second marriage), mother of the deceased, also predeceased the deceased. The Petitioner made various

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) enquiries to know the whereabouts of heirs of the deceased father and mother, however could not find the same. Save and except as mentioned in para -9 & 10, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The Other Executor Arunkumar Narendra Biswas expired on 01.04.2021 and copy of his death certificate is annexed at Exh. C to the Petition. There is affidavit of service dated 03.10.2024 regarding publication of citation in two newspapers. Affidavit of Dr. Meenal Vinit Shah, 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 16.10.2024