Bombay High CourtTP/2405/2024grant issued

Shakuntala Maniklal Kedia v. Maniklal Deviprasad Kedia

2024-07-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd July 2024.

CALLED FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

23. TP/2405/2024 [Original] (ECHCBM02004472024) Ms. Alisha D'souza i/b Mansukhlal Hiralal and Co., 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 Shakuntala Maniklal Kedia, being the Executrix named under the Will of the deceased. Deceased Maniklal Deviprasad Kedia, said to have died at Mumbai on 04.08.2017. 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. Ms. D'souza, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 05.12.2016. The said Will is in English language.

3. Ms. D'souza, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para - 7, there are no other legal heirs 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 the Petitioner was ignorant and unaware of obtaining any legal representation. Recently,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) she has been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and daughter of the deceased as mentioned in para -7 are on record. Affidavit of Purvi Ketan Asher, 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.

23.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master