Bombay High CourtTP/1629/2024grant issued

Balram Sharma Son Of Trilok Sharma v. Brij Raj Dulari Alias Brij Raj Dulari Kaushik

2024-07-31Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 31st July, 2024 CALLED FOR DIRECTION:

25. TP/1629/2024 Mr. Sanjay S. Gawde, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02032762024) with WILL/611/2024 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 of the deceased filed by the Petitioner Balram Sharma son of Trilok Sharma being the sole Executor named under the Will of the deceased. Deceased of Brij Raj Dulari alias Brij Raj Dulari Kaushik, said to have died at New Delhi on 04.09.2016. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Gawde, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.03.2011. The said Will is in English language.

3. Mr. Gawde, 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. The husband of the deceased predeceased the deceased. The Deceased has no 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 was not aware about legal proceedings to apply for Probate of the Last Will and Testament of the deceased. The Petitioner further state that he recently being advised for the same, therefore, there is delay in filing present petition and same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two daughters of the deceased as mentioned in para 8 are on record.

Affidavit of Dr. Nitin Haresh Gala, 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.

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 31.07.2024