Kavita Saha Wo Suman Saha v. Sarada Ramaswamy Srinivasan

msm Before : Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd August, 2024 CALLED FOR COMPLIANCE :

27.TP/1525/2024 ECHCBM02008922024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sonali Prasad i/b. Gauri Rao, Advocate for the Petitioner.

WITH WILL/587/2024

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 Kavita Saha W/o. Suman Saha being the sole Executrix named under the Will of the deceased. Deceased Sarada Ramaswamy Srinivasan alias Sarada Ramaswamy Sreenivasan alias R. Sarada Sreenivasan alias R. Sarada Srinivasan alias Sarada Srinivasan alias Sarada Sreenivasan alias R. Sarada said to have died at Mumbai on 27th October, 2019. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

P.C.

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2. Ms. Sonali Prasad, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 6th March, 2016. The said Will is in English language.

3. Ms. Sonali Prasad, 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 predecease the deceased. Exhibit - "E" to the Petition is a copy of Death Certificate of the Husband of the deceased. Parents of Husband of the deceased also ..2/-

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predeceased the deceased. The deceased had no any other son and any other daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay if any, in making the present petition is on account of the facts that inadvertently remained to apply for obtaining the probate. Hence this Hon'ble court in the interest of natural justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of Son of the deceased as mentioned in Para-8 of the Petition is on record. Affidavits of Prakash Ambwani and Sonia Ambwani, 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.

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 23.08.2024