Bombay High CourtTP/2283/2024grant issued

Ramesh Madanlal Taparia v. Madanlal Hanumanbux Taparia

2024-08-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th August 2024.

CALLED FOR COMPLIANCE :

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35. TP/2283/2024 [Original] (ECHCBM02202412023) Mr. Suysh Kalbhor with B. G. Saraf, Advocate 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 Ramesh Madanlal Taparia, being the Sole Executor named under the Will of the deceased.

Deceased Madanlal Hanumanbux Taparia, said to have died at Mumbai on 01.06.2012.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 17.01.2011. The said Will is in English language.

3. Mr. Kalbhor, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware of the process for filing of the Probate so there is a delay in filling the same and the said delay may be condoned. Thus, the delay is explained.

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4. Petitioner's Oath is filed. Consent Affidavits of one son, daughter-in-law, two married grand daughters and grandson of the deceased as mentioned in para - 8 are on record. Affidavit of Anilkumar Verawdan Taparia, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

05.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master