Gauri Bharat Choksey v. Bharat Mulchand Choksey

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th September 2024.

CALLED FOR COMPLIANCE:

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38. TP/1715/2024 [Original] (ECHCBM02016852024) with WILL/632/2024 Mr. Deepak Chitnis i/b M. S. Parte, Advocate for the Petitioner.

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 Gauri Bharat Choksey, being one of the Executrix named under the Will of the deceased.

Deceased Bharat Mulchand Choksey, said to have died at Mumbai on 24.11.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Chitnis, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.07.2019. The said Will is in English language.

3. Mr. Chitnis, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased are predeceased to the deceased and the Deceased has no other legal heirs and/or son or no other daughter accept the one daughter as legal heirs mention in para - 11. The wife of the deceased and mother of the Petitioner Viz. Lina Bharat Choksey, predeceased the deceased and she died on 24.05.2016. Save and except as mentioned in para - 11, there are no other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay of two years to file the above Petition may be condoned. The Deceased had died in Lockdown due to Covid-19 pandemic. The Petitioner was not allowed by her family member to go out from her home during Covid-19 pandemic and therefore she was unable to file the above petition in this Hon'ble Court in time and the Petitioner is ignorant and unaware of obtaining any legal representation. Now the Petitioner has been recently advised by her Advocate to obtain a legal representation by filing probate in the Hon'ble Bombay High Court. Hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other one Executrix Kusum R. Kapadia has renounced her right by filing Affidavit dated 26.10.2023. Affidavit of Sanjay Ramnewaj Dubey, 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.

05.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master