Bombay High CourtTP/1756/2024grant issued

John Raju Kudunthail v. Kudunthail John Raju

2024-06-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

Pallavi BEFORE : SHRI S. S. AGATE Addl. Registrar (O. S.) / Addl.

Prothonotary and Senior Master DATE: 25th June, 2024 CALLED FOR COMPLIANCE :

TP/1756/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. E. K. Sasidharan, Advocate for petitioner. (ECHCBM02020582 024) WITH WILL/643/2024 P.C.: 1. Perused Petition which is filed on-line. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner John Raju Kudunthail, being the Sole Executor named under the Will of the deceased. Deceased Kudunthail John Raju alias Raju John Kudunthail said to have died at Mumbai on 06.10.2021. Copy of Death Certificate is annexed to the Petition. For identification proof of the deceased, copy of Adhaar Card is annexed to the Petition.

2. Mr. Sasidharan E. K. , Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.12.2019. The said Will is in English language.

3. Mr. Sasidharan E. K., Advocate for the Petitioner submits that deceased was governed under the Indian Succession Act 1925. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased had no other son and daughter. Save and except as mentioned in Paragraph -9, there are no other legal heirs left by the deceased. Advocate for the petitioner submits that the delay in making present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been advised to obtain a legal representation. Hence in the interest of justice, this Hon'ble Court be pleased to condone the delay if any. Thus, delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow and daughter of the deceased as mentioned in ....2

Pallavi CONTD.

- 2 - TP/1756/2024 ) ) ) ) ) ) ) ) ) ) para 9, are on record. Affidavit of Anu Abraham P., one of the attesting witness to the Will is filed. All Affidavits are filed online. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

(ECHCBM02020582 024) WITH WILL/643/2024

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed. 25.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master