Bombay High CourtTP/2340/2024grant issued

Pawan Chandru Mehta v. Chandru Tahilram Mehta

2024-08-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

Ms. Rasika Pawar, Advocate for the Petitioner.

38. TP/2340/2024 [Original] (ECHCBM02129862023) with WILL/934/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Pawan Chandru Mehta, being the Sole Executor named under the Will of the deceased. Deceased Chandru Tahilram Mehta, said to have died at Mumbai on 01.08.2014.

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

2. Ms. Pawar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 28.07.2014. The said Will is in English language.

3. Ms. Pawar, 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 deceased left one son, two daughter and a wife as the only legal heirs.

Save and except as mentioned in para - 6 and 7, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that there was a delay in obtaining some documents from appropriate

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) department of the deceased in the respect of the properties of the deceased, therefore delay has been caused by the Petitioner. The Petitioner prays that the delay in filing present petition, if any, may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of wife and two daughters of the deceased as mentioned in para - 6 are on record. Affidavit of Vaibhav Rajeev Warerkar, 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.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master