Deepak Kanwarlal Jain v. Asha Deepak Jain (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd July 2024.

CALLED FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

49. TP/1791/2024 [Original] (ECHCBM02239972023) Ms. Heena Thalesar i/b Vimadalal & Co., 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 Deepak Kanwarlal Jain, being the Executor named under the Will of the deceased. Deceased Asha Deepak Jain alias Asha D. Jain alias Asha Jain, said to have died at Mumbai on 16.04.2016. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card and Pan Card are annexed to the Petition.

2. Ms. Thalesar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 28.01.2016. The said Will is in English language.

3. Ms. Thalesar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents ofthe deceased pre-deceased the deceased. The deceased did not have any other sons/daughters and had no other legal heirs. Save and except as mentioned in para - 8, there are no other legal heirs or next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the present

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) petition is filed within time as till date no legal heirs and representatives of the deceased have disputed the said Will or any right of the legatees under the said Will is disputed by anyone. The right to apply for Probate is a continuing right. The Petitioner also now understands that to establish the rights of the legatees under the said Will, the probate by a competent court is necessary. Assuming there is any delay, the same be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Gyanchand Kaluram Jain, 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.

23.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master