Bombay High CourtTP/1852/2024grant issued

Sandeep Zutshi v. Sudesh Zutshi W/O Kundan Lal Zutshi (Deceased)

2024-08-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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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19. TP/1852/2024 [Original] (ECHCBM02020752024) with WILL/697/2024 Mr. Suyash Kalbhor i/b B. G. Saraf, 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 Sandeep Zutshi S/o Kundan Lal Zutshi, being the Sole Executor named under the Will of the deceased. Deceased Sudesh Zutshi W/o Kundan Lal Zutshi, said to have died at Bengaluru on 11.01.2021. 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. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Bangalore on 19.11.2020. The said Will is in English language.

3. Mr. Kalbhor, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents, mother-in-law and father-inLaw of the deceased pre-deceased the Deceased. Except two sons deceased don't have any 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

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner was not aware of the process for filing the Probate Petition before the High Court at Bombay so there is a delay in filing the Probate Petition so the delay may be condoned.. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of husband and son of the deceased as mentioned in para - 8 are on record.

Affidavits of Ranjani Shettigar and Rakesh Babu, both the attesting witnesses to the Will are 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