Anil Girdharilal Utwani v. Leelavanthi Dhamanmal Asar Alias Leela Dhamanmal

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th August, 2024 CALLED FOR DIRECTION:

37. TP/1993/2024 Ms. Afaf B. Saudagar, Adv. i/b. Bina S. Shivhare for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02024872024) with WILL/779/2024 P. C. :

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Anil Girdharilal Utwani being the sole Executor named under the Will of the deceased. Deceased Leelavanthi Dhamanmal Asar Asar alias Leela Dhamanmal said to have died at Mumbai on 07.10.2001. Copy of Death Certificate is annexed to the Petition. The petitioner has filed affidavit dated 25.01.2024 annexing therewith copy of Electricity bill showing the name of the deceased.

2. Ms. Saudagar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.09.2001. The said Will is in English language.

3. Ms. Saudagar, 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 died as spinster. The deceased left no other sons and no other daughters. The Ld. Adv.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) for the petitioner submits that averment in Para 9 regarding legal heirs is required to be corrected by way of amendment stating that the deceased left no other sisters and no brothers. Amendment is allowed to be carried out within two days from the date of uploading of this order. Reverification is dispensed with. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioner has recently traced out the original Will and so there is delay in filing the above Petition. The delay so caused may be condoned.

Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of sister, four nephews and brother in law of the deceased as mentioned in para 9 are on record. Affidavit of Suresh Rama Ugrej, 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 09.08.2024