Dhiraj Hirji Savla v. Late Ramji Devji Gogri

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th July, 2024 CALLED FOR DIRECTION:

Ms. Shobhana Waghmare, Adv. for the Petitioner. (ECHCBM02190192023) 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 Dhiraj Hirji Savla being one of the Executors named under the Will of the deceased. Deceased Late Ramji Devji Gogri said to have died at Mumbai on 04.07.1996.

Copy of Death Certificate is annexed to the Petition. The Petitioner has filed affidavit dated 10th October 2023 regarding non availability of ID Proof of the deceased annexing therewith Bank Passbook and Chalan of Payment of Income Tax showing the name of the deceased.

2. Ms. Waghmare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 22.01.1995. The said Will is in English language.

3.

Ms. Waghmare, 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. That the deceased otherwise had no other son or daughter or any brother or sister. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that there has been a delay for filling the present Probate petition, as the petitioner being one of the Executor of the Last will of the deceased, had in the month of June 2023, during cleaning of the old cupboards in the home of the deceased found the said Last Will of the deceased in the old files which were in the old trunk.

Hence the Petitioner thereafter took legal advice and filed the present Petition. As also the Petitioner is one of the Executors and that he more than 63 years old senior citizen, was personally not medically fit for past some months hence could not file the Petition immediately as and when he got the original Will. And that the delay if any, the same was not intentional on the part of the Petitioner and was due to the aforementioned circumstances. Hence the delay so caused, and same be condoned.

Thus, the delay is explained.

Contd.. ..2/- (ECHCBM02190192023

4. Petitioner's Oath is filed. The other executor Shri Hirji Chanabhai Savla has filed his affidavit dated 10.10.2023 renouncing his rights as Executor. Consent Affidavit nephew (son of the deceased sister) of the deceased as mentioned in para 10 is on record. Affidavit of Dinesh Savla and Mr.Ramesh Savla, both the attesting witnesses 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,

Contd.. ..3/- Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

(ECHCBM02190192023 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 26.07.2024