Mrinalini Singh v. Sushma Satyapal Chowdhry Alias Sushma Chaudhary

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th August 2024.

CALLED FOR COMPLIANCE:

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32. TP/2311/2024 [Original] (ECHCBM02059342024) with WILL/922/2024 Mr. Rahul Singh, 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 Mrinalini Singh, being the Sole Executrix named under the Will of the deceased. Deceased Sushma Satyapal Chowdhry alias Sushma Chaudhary, said to have died at Mumbai on 04.07.2017.

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. Singh, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 07.03.2015. The said Will is in English language.

3. Mr. Singh, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that husband of the deceased Satyapal Uttamchand Chaudhary had died intestate on 15.03.2008 at Mumbai, and Exhibit "D" to the Petition is a copy of the death certificate of the husband of the deceased. The deceased had no any others sons and daughters. 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 delay in making the present Petition is on account of the facts that Petitioner was not aware of the process to obtain the probate from court for transfer of assets and came to knowledge of Petitioner after the Co-op housing society requested for the same. Now the Petitioner has been recently advised to obtain legal representation. Hence the Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of Jaya Dheer, 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.

19.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master