Beenarani Sadhanandan Pattathari v. Pattathari Sreedharan (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

17. TP/1803/2024 Mr. K M. Jena, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02211892023) with WILL/658/2024 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 Beenarani Sadhanandan Pattathari alias Sadanand Pattathari being the sole Executrix named under the Will of the deceased. Deceased Pattathari Sreedharan @ Patanhari Shridhar @ Pattachari Shridhar Achyut., said to have died at Mumbai on 08.11.2008. Copy of Death Certificate is annexed to the Petition. Copy of Election Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Jena, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 17.02.2007. The said Will is in English language.

3. Mr. Jena, 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 deceased Was Unmarried during his life time till his

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Death 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 submits that she could not file this Petition earlier as the Petitioner was informed by the office bearers of the Co-operative Housing Society that the Society mentioned in the Schedule will soon be undergoing for redevelopment and for that necessary testamentary proceedings will be required.

Also, the Petitioner is having less educational qualification and a housewife along with have to face financial difficulty. Hence, due to lack of knowledge and legal awareness, the delay caused is bonafide and not deliberate one. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Jayprakash Nair, 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 22.10.2024