Anil Tilokchand Naheta v. Pavankumari Tilokchand Naheta (Deceased)
BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th November, 2024 CALLED FOR COMPLIANCE :
24 TP/1930/2024 ECHCBM022124 32023 WITH WILL/757/2024 Mr. Abdul Kadir Parkar i/b. Ghaswala And Associates, Advocate for petitioner P.C.:
Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the Will, which annexed to the petition as Exhibit - "C", it has been observed that deceased has signed in Devnagari script as well as one of the Attesting Witness namely Chandrakanta Agarwala has also signed in Devnagari script and also there are thumb impression of deceased as well as Chandrakanta Agarwala. It has been observed from the Will that deceased was not conversant with the English language.
In this matter, Will is in English language. Hence, at the time of execution of the Will, it has to be mentioned that the Will was explained / interpreted / translated to the said deceased, while execution of the Will.
It is to be noted that one of the Attesting Witness namely Chandrakanta Agarwala, in her Affidavit dated 16.11.2024 stated in para No. 2 as under : "That she was familiar and best known of Hindi language. The said will drafted and executed on 3 day of September 2022. I and Mrs. Sunita Dinesh Nahar, duly translated and explained to
her in Hindi language".
She further stated in the said Affidavit that the documents was executed on 3rd September, 2022. While upon perusal of the Will as well as Affidavit of Attesting Witness namely Chandrakanta Agarwala, it has been observed that Will was executed before the Notary Public on 04.09.2022 and in the Affidavit of both the Attesting Witness, it has been mentioned that it has executed on 3rd September, 2022.
It has been also required to satisfy that Ms. Chandrakanta Agarwala, who is one of the Attesting Witness is aware of English language and she has translated the said Will. However, she has stated in para No. 2 of her Affidavit that she has duly translated and explained to the deceased in Hindi language the contents of the Will.
Ld. Advocate for petitioner is required to satisfy that while signing of the said Will, the contents of the said Will was translated and explained to the deceased. The said deceased as well as said Attesting Witness namely Chandrakanta Agarwala, conversant with English language as she has stated in her Affidavit that she has interpreted and translated the said Will to the deceased.
It has been observed that doctor certificate stating the mental health status of the deceased while executing the said Will, is not mentioned and not annexed to Will.
Ld. Advocate for petitioner needs to clarify the
aforesaid objections and obtained necessary directions from the Hon'ble Court for dispensation of the said objections.
In this matter, Notice to Collector is also awaited. Hence, office to verify and issue Notice to Collector and accordingly, update the same on the CIS system. List the matter on 07.01.2025.
26.11.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR