Samir Ashok Kumar Jain v. Indu Ashok Kumar Jain

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th July, 2024.

CALLED FOR COMPLIANCE :

76. TP/1311/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Tanvi Goenka i/b. M/s. Khaitan & Co., Advocate for the Petitioner.

with WILL/463/2024 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 and four codicils of the deceased filed by the Petitioner Samir Ashok Kumar Jain, being the sole Executor named under the Will of the deceased. Deceased Indu Ashok Kumar Jain, said to have died at New Delhi on 13 th May, 2021. 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. Ms. Goenka, Advocate for the Petitioner submits that deceased left behind him last Will and Testament and four codicils which were duly executed at New Delhi on 20 th th March, 2019, 3 th March, 2019, 20 March, 2019, 20 rd October, 2019 and fourth codicil executed at Mumbai on 30 th January, 2021 respectively. The said Will and Codicils are in English language.

3. Ms. Goenka, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that The husband of the Deceased ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

pre-deceased the Deceased. Copy of the Death Certificate of the husband of the Deceased is at Exhibit - "J" to the Petition. The Deceased had only one daughter Mrs. Nandita Judge who pre-deceased the Deceased, who had no children. Copy of the Death Certificate of the Deceased Mrs. Nandita Judge is at Exhibit - "K" to the Petition. The parents of the Deceased pre-deceased the Deceased. Save and except as mentioned in para -16, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para 16 is on record. Affidavits of Mr.

Mithilesh Kumar Rai and Ms. Monisha Saraf, both the attesting witnesses to the Will and Codicils Nos.1 to 3 and Mr. Himanshu Mody and Mr. Ashwini Chopra to the fourth codicil 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 29.07.2024