Pratima Tyagi Alias Pratima Sudhir Kumar Tyagi v. Sudhir Kumar Tyagi Son Of Late Gambhir Singh Tyagi

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th July, 2024 CALLED FOR DIRECTION:

30. TP/2058/2024 Mr. Aishwary Manjrekar, Adv. i/b. Kavita Sharma for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02039402024) with WILL/831/2024 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 Pratima Tyagi alias Pratima Sudhir kumar Tyagi being the sole Executrix named under the Will of the deceased.

Deceased Sudhir Kumar Tyagi son of Late Gambhir Singh Tyagi said to have died at Gurugram (Haryana), on 27.01.2018. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Manjrekar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Gurgaon (now known as Gurugram), Haryana, on 18.07.2008. The said Will is in English language.

3. Mr. Manjrekar, 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 said deceased had no other son and no other daughter except mentioned above.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 That the delay in making present Petition in on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now the Petitioner has been recently advice to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in para 8 are on record. Affidavit of Vivek Kumar Tyagi, 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 expeditiously prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.07.2024