Divya Thadani Daughter Of Ramesh Thadani v. Madhuri Ramesh Thadani, Deceased

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th August 2024.

CALLED FOR COMPLIANCE :

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13. TP/1844/2024 [Original] (ECHCBM02019962024) with WILL/682/2024 Mr. Dipesh Siroya i/b L I M Legit, 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 Divya Thadani d/o. Ramesh Thadani, being the Sole Executrix named under the Will of the deceased. Deceased Madhuri Ramesh Thadani, said to have died at Mumbai on 24.01.2021. 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. Siroya, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 24.07.2020. The said Will is in English language.

3. Mr. Siroya, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased. The deceased died as widow. The said deceased had one son and one 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. Advocate for the Petitioner submits that the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) delay in filing present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain a legal representation. Hence this Hon'ble Court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of J. Gopal Mirchandani s/o Tikam Tanumal Mirchandani, 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.

08.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master