Bombay High CourtTP/1390/2024grant issued

Niyam Raghuvansh Bhasin v. Raghuvansh Dewachand Bhasin

2024-11-14S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.

CALLED FOR COMPLIANCE :

34. TP/1390/2024 [Original] (ECHCBM02009192024) with WILL/502/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Niyam Bhasin, Petitioner present in person. P.C.:

1. Perused Petition which is filed online. Heard Ld. Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Niyam Raghuvansh Bhasin, being the Sole Executor named under the Will of the deceased. Deceased Raghuvansh Dewanchand Bhasin, said to have died at Mumbai on 28.12.2013. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Bhasin, the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 20.08.2011. The said Will is in English language.

3. Mr. Bhasin, 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. Son of the deceased died as bachelor on 22/03/2021. 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 kins left by the deceased. The Ld. Petitioner submits that there is no limitation in filing the probate petition per-se

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) however for all purposes if the court finds any delay for filing this present Petition of 2547 days (6 years, 11 months and 21 days) the same may be kindly condoned. The Ld.

Petitioner to explain the delay in the Petition within one week from today by amending para - 9 of the Petition.

4. Petitioner's Oath is filed. Consent Affidavits of widow and daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Amit Kukreja, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master