Vasdev Rattan Mamtani v. Priya Vasdev Mamtani (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

31. TP/2032/2024 Ms. Sunita Bafna, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02017732024) with WILL/807/2024 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 Vasdev Rattan Mamtani also known as Vasdev Mamtani being the sole Executor named under the Will of the deceased. Deceased Priya Vasdev Mamtani also known as Priya Mamtani said to have died at Mumbai on 02.12.2019. Copy of Death Certificate is annexed to the Petition. Copy of Pan and Aadhaar Card of the deceased as ID Proof are annexed to the petition.

2. Ms. Bafna, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 04.05.2019. The said Will is in English language.

3. Ms. Bafna, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceased has two Daughters and One Son. 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 the Petitioner being out of the country for most of the time after the death of the deceased and also being a common man, he was not aware and had no knowledge of the legal procedure and steps that had to be taken for the Probate. Hence this caused the delay of around 3 years and 2 months \n filing the Petition for Probate but the same may be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two daughters and son of the deceased as mentioned in para 8 are on record. Affidavit of Jagdish Rattan Mamtani, 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 16.10.2024