Nevin Kapur Alias Nevin Gowardandas Kapur Alias Nevin Gowardhandas Kapur v. Veena Kapur Alias Veena Gowardandas Kapur Alias Veena Gowardhandas Kapur

sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th July, 2024 CALLED FOR DIRECTION:

80. TP.2211/2024 (ECHCBM02056242024) with WILL/882/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Divya Bamne i/b. M/s. A.R.Bamne & Co, Adv. for the Petitioner.

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 Nevin Kapur alias Nevin Gowardandas Kapur alias Nevin Gowardhandas Kapur, being the sole Executor named under the Will of the deceased. Deceased Veena Kapur alias Veena Gowardandas Kapur alias Veena Gowardhandas Kapur, said to have died at Mumbai on 8.12.2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof are annexed to the petition.

2.

Ms. Divya Bamne, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 30.09.2019. The said will is in English language.

Ms. Divya Bamne, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the husband of the deceased VIZ. Gowardhandas Gyanchandra Kapur, predeceased the deceased on 13th day of July, 2021. Hereto annexed and marked as Exhibit- "D" is the copy of death certificate of Gowardhandas Gyanchandra Kapur. Deceased died as widow. That the said deceased had two sons as mentioned above and had no daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. There is affidavit of service filed by Sheriff's Office on 18th July, 2024 showing service upon the son of the deceased Sachin Kapur alias Gowardandas Sachin Gowardhandas Kapur (Non-consenting legal heir). Affidavit of Govindram Ramashankar Tiwari, 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.

24.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master