Jaspal Singh Prabhjot Singh Chopra v. Sardarni Jaswant Kaur Prabhjot Singh Chopra

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th September 2024.

CALLED FOR COMPLIANCE:

45. TP/2383/2024 [Original] (ECHCBM02004402024) with WILL/956/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, 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 Sardar Jaspal Singh Prabhjot Singh Chopra, being one of the Executor named under the Will of the deceased. Deceased Jaswant Kaur Prabjot Singh Chopra, alias Jaswant Kaur Prabjot Singh Chopra, alias Jaswant Kaur Prabjyot Chopra, alias Jaswant Kaur Prabhjot Singh Chopra alias Jaswant Kaur Chopra, said to have died at Mumbai on 18.01.2019. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 19.08.2018. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased, Sardar Prabhjot Singh Kartar Singh Chopra, died on 25-05-2007. Exhibit "D" to the Petition is a photo copy of his death certificate; he pre-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased the Deceased. The said Deceased died leaving behind three Sons and one Daughter. 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 filing the present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation; recently he has been advised to obtain the same, hence it is prayed that delay in filing the Petition, be condoned in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Jagtar Singh Chopra, S/0 Prabhjot Singh Chopra has filed his Affidavit dated 28.03.2024 reserving his right as Executor. Consent Affidavits of two sons and one married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Paramjit Kaur Jaspal Singh Chopra alias Paramjit Kaur D/o.

of Gurbachan Singh Johar, 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.

05.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master