Surekha Arvind Bhuchar v. Ram Gopal Kumar

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 12th March, 2025 FOR HEARING :

88. TP/1889/2024 [Original] (ECHCBM02025412024) with WILL/743/2024 P. C. :

Shri. Prashant Deshmukh Ld. Advocate for the Petitioner

1. Perused Will which is registered. Perused affidavit of Gauri Nair, who claimed to be present at the time of the execution of the Will. Ld. Advocate for the Petitioner submitted that she is not related with the deceased but she was called by the Testator. However, this fact is missing from her affidavit. Furthermore, she has not stated about the registration of the Will and lastly, she has not she has not stated about the date which is mentioned at petition's page no. 17 and 18, in compliance of Rule 383 of the Bombay High Court (O. S.) Rules, 1980.

2. Hence, Witness has to state the reason for her presence at the relevant time. Furthermore, witness must state about the addition in the Will and explain that whether these additions were existed at the time of the execution of the Will, who inserted these additions in the Will for compliance of Rule 383 of the Bombay High Court (O. S.) Rules, 1980. Hence, petitioner to file additional affidavit of this attesting witness for proving the Will.

3. S. O. to 25.03.2025 12.03.2025 Officer on Special Duty, with Testamentary Department