Bharat Alias Bharatkumar Bhurmal Jain v. Sohandevi Devilalji Kothari (Jain)
ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th September, 2024 CALLED FOR DIRECTION:
Mr. Darshan Jain, Adv. for the Petitioner.
(ECHCBM02004952024) 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 Bharat alias Bharatkumar Bhurmal Jain, being one of the Executors named under the Will of the deceased.
Deceased Sohandevi Devilalji Kothari (Jain) alias Sohanbai Devilalji Kothari (Jain) alias Sonabai Devilal Jain alias Sohan Devilal Jain, said to have died at Mumbai on 18.12.2003. Copy of Death Certificate is annexed to the Petition. Copy of Voter ID of the deceased as ID Proof is annexed to the petition.
2. Mr. Jain, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.04.2002. The said Will is in Hindi language. The Ld. Adv. for the Petitioner has filed Affidavit dated 03.07.2024 for translation of the Will.
3. Mr. Jain, Advocate for the Petitioner
submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Husband of the deceased viz. Devilal R. Kothari pre- deceased the deceased died on 29.03.1985. Exhibit "D" to the petition is a copy of Death Certificate of Husband of the Deceased. That the said deceased had one Son and four Daughters.
Out of them Dakhibai Sampatlal Jain, the Married Daughter of the deceased since deceased the deceased, died on 17.02.2019, leaving behind the heirs mentioned at Sr.
NoA-a to 4-g herein above are her only heirs and Legal representatives. "E" to the petition is a copy of Death Certificate of Dakhibai Sampatlal Jain, the Married Daughter of the deceased. That the said Dakhibai Sampatlal Jain, had no other Son and Daughter. That another married Daughter of the deceased viz. Anjana Laxman Singh Jain, since deceased the deceased, died on 21.02.2013, leaving behind the heirs mentioned at Sr.
No.5-a to 5-e, herein above are her only heirs and Legal representatives. Exhibit "F" to the petition is a copy of Death Certificate of Anjana Laxman Singh Jain, the Married Daughter of the Deceased. That the said Anjana Laxman Singh Jain, had no other Son and Daughter. That the deceased had no other Son and no other daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioner states that there is a delay in filing the present Petition on account of the fact that recently, the Petitioner approached the concerned authorities for transferring the Immovable property viz. Flat No. 104, Shraddha Building, Belgrami Road, Kurla (West), Mumbai- 400 070 admeasuring about 470 Sq. ft. carpet area, standing in the name of Contd.. ..2/-
Contd.. ..3/- the deceased to the name of beneficiary named under the said Will of the deceased on the basis of the said Will of the deceased. At that time, the concerned authorities informed the Petitioner that he will be required to obtain and submit a Probate of the said Last Will and Testament of the deceased issued by the competent court of law, so as to enable them to transfer the said property in the name of the beneficiary named under the said Will of the deceased.
In view of the above, the Petitioner is filing the present Petition for obtaining Grant of probate of the Last Will dated 18.04.2002, left by the deceased abovenamed and therefore there is a delay which is not intentional and/or deliberate. The Petitioner therefore prays that the delay in filing the present Petition may be kindly condoned in the interest of justice and Grant of Probate of the said Last Will of the deceased be granted in favour of the Petitioner abovenamed. Thus, the delay is explained.
4. Petitioner's Oath is filed. The Other executor Sohanlal V. Dhakad, has filed Affidavit dated 03.01.2024 renouncing his rights as executor. Consent Affidavits of one son, two married daughters, two son in laws, three grandsons and seven grand daughters of the deceased as mentioned in para 8 are on record. Affidavit of Moo1chand Jain, 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.
Contd.. ..4/-
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 27.09.2024