Achuthan Siddharth S/O Pulikkal Achuthan Nair v. Seeta Achuthan Nair (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th September, 2024 CALLED FOR SPEAKING TO THE MINUTES :

Mr. Sanjay Rego, a/w. Malcolm Vaz, Adv. for the Petitioner. (ECHCBM02205152023) P. C. :

1. The Ld. Adv. for the Petitioner has filed the Praecipe for speaking to the minutes on 04.09.2024 stating that in Para 1 of the Order it is erroneously mentioned that the Petitioner is for Probate of Last Will and Testament of the deceased filed by the Petitioner Achuthan Siddharth S/o Late Pulikkal Achuthan Nair, being the sole surviving Executrix instead of Executors with the name of second Executor.

2. Heard Ld. Adv. for the petitioner.

Considering the reason mentioned in the Praecipe dated 04.09.2024, order dated 04.09.2024 is corrected.

3. Praecipe for speaking to the minutes is disposed of.

4. In view of the above, in the entire order instead of Petitioner it be corrected and read as Petitioners. Further, Para 1 8th line after the words Petition is for Probate of last Will and Testament of the deceased filed by the Petitioner said Achuthan Siddharth S/o Late Pulikkal Achuthan Nair being the sole executrix be corrected and read as "Petition is for Probate of last Will and

Contd.. ..2/- Testament of the deceased filed by the Petitioner said Achuthan Siddharth S/o Late Pulikkal Achuthan Nair and T. M.

Mohan Nambiar S/o Late K. N. Krishnan Nambiar being the executors."

(ECHCBM02205152023

5. For the sake of convenience, the corrected order dated 20.09.2024 read as under ;

6. 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 said Achuthan Siddharth S/o Late Pulikkal Achuthan Nair and T.M.Mohan Nambiar S/o Late K.N.Krishnan Nambiar being the executors. named under the Will of the deceased. Deceased Seeta Achuthan Nair,, said to have died at Mumbai on 29.08.2013. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

7. Mr. Vaz, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.04.2011. The said Will is in English language.

8. Mr. Vaz, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased.

Save and except as mentioned in para -6, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay, in filing

Contd.. ..3/- the present Petition is on account of the fact that the Petitioners were ignorant and unaware of obtaining any legal representation. Recently they have been advised to obtain the same hence delay in filing the petition be condoned in interest of justice. Thus, the delay is explained.

(ECHCBM02205152023

9. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para 6 are on record.

Affidavits of Abhijit Damle and Jayesh Modi, 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.

10. 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 20.09.2024