Pradeep Bhoja Kanchan v. Bhoja Baira Kanchan

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

29. TP/2026/2024 Ms. Meenakshi Pahuja, Adv. i/b. ANB. Legal for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02169062023) with WILL/792/2024 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 Pradeep Bhoja Kanchan being the sole Executor named under the Will of the deceased. Deceased Bhoja Baira Kanchan said to have died at Dubai on 24.04.2015.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Pahuja , Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.10.2011. The said Will is in English language.

3. Ms. Pahuja, 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 wife of the Deceased has expired on 2nd June 2023 before the filing of this Petition. Hereto annexed and marked as Exhibit "c" is a copy of the Death Certificate of the wife of the Deceased, Late Mrs. Renuka Bhoja Kanchan.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The Deceased had two children i.e., 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. Adv. for the Petitioner submits that Petitioner was under a bonafide impression that the Probate of the said Will was not required. Somewhere in 2023, the Petitioners were informed that the Petitioner need to obtain the Probate of the said Will for the purpose of Administration of the estate of the said Deceased. Hence there is a delay in filing this Petition. The delay is unintentional and the Petitioner prays that the same may be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of daughter of the deceased as mentioned in para 8 is on record. Affidavit of Swati Pradeep Shinde, 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 09.10.2024