Babu Iyer v. Subramaniam Mahadevan Iyer (Deceased)

sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th July, 2024 CALLED FOR DIRECTION:

81.TP/2445/2024 (ECHCBM02036082024) with WILL/990/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms.Avni Singhania a/w. Adv. Archana Deshmukh i/b. Singhania & Co,. for Petitioners.

P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Babu Iyer and Anjali Iyer being the Executors named under the Will of the deceased. Deceased Mr. Subramaniam S/o. Mahadevan Iyer, said to have died at Mumbai on 25.07.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof are annexed to the petition.

2. Ms. Avni Singhania, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25.04.2021. The said will is in English language.

3 Ms. Avni Singhania, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceased Mr. Subramaniam Iyer was previously married to Ms. Kanchana Iyer in the year 1990. A son viz. Vishwatma Iyer was born out of the said wedlock. However, the marriage between the deceased and Ms. Kanchana Iyer did not last long and it was dissolved by a decree of the divorce dated 26/07/1993 passed by the Family Court at Bandra, Mumbai. The custody of Vishwatma was always with his mother. The deceased Mr. Subramaniam M. Iyer remarried on

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 19/06/1994 to Ms. Latha Iyer. Out of the said wedlock, a daughter viz., Ms. Nikita was born on 12/09/1996, who is now a doctor. Mrs. Latha Iyer died on 13/07/2018. The death certificate of Mrs. Latha Iyer issued by the Municipal Corporation of Greater Mumbai 15 is at Exhibit - D. The mother of the deceased viz., Mrs. Laxmi Mahadevan Iyer died on 11/10/1997. A photocopy of her death certificate issued by the Municipal Corporation of Greater Bombay is at Exhibit - E. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioners' Oath are filed. Consent affidavits of son and daughter as mentioned in para 9 are on record. Affidavit of Babu Iyer, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All affidavits are 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.

24.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master