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Bombay High CourtTP/2458/2024grant issued

Asha Sharad Shenoy v. Leela Nilkanth Samant Alias Leela Samant Alias L N Samant Deceased

2024-07-30Shri. S. B. Bhansali (Prothonotary Senior Master))3 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th July 2024.

CALLED FOR COMPLIANCE :

29. TP/2458/2024 Mr. Piyush Shah i/b Rustamji and Ginwala, Advocate 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 Dr. (Mrs.) Asha Sharad Shenoy and Ajay Anand Samant, being the Executors named under the Will of the deceased. Deceased Leela Nilkanth Samant alias L. N. Samant alias Leela Samant, said to have died at Mumbai on 26.04.2020. 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. Mr. Shah, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 19.05.2015. The said Will is in English language.

3. Mr. Shah, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the father of the Deceased Shri Nilkanth Pandurang Samant and the mother of the deceased Smt. Sushila Nilkanth Samant predeceased the deceased. The brother of the deceased Shri Anand Nilkanth Samant expired on 15th July,2020 leaving behind him his widow Smt. Malati Anand Samant and his daughter Smt. Asha Sharad Shenoy and son Shri Ajay Anand Samant as his only heirs and

Contd. 2/- next of kin according to the Hindu Succession Act, 1956. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that late Miss Leela Nilkanth Samant, the deceased abovenamed died in Mumbai on 26th April, 2020 leaving her Last Will and Testament dated 19th May, 2015. That due to the outbreak of the Covid 19 pandemic, the Hon'ble Supreme Court in Miscellaneous Application No. 21 of 2022 in Miscellaneous Application No. 665 of2021 in Suo Motu Writ Petition (C) No.3 of 2020 directed that the period from 15/3/2020 till 28/2/2022 shall stand excluded for the purposes of limitation as may be prescribed under general or special laws in respect of all judicial and quasi judicial proceedings.

That owing to the prevalent Covid 19 pandemic from March 2020 till March 2022, it was not possible for the Executors of the Last Will and Testament dated 19th May, 2015 of the deceased to ascertain all the assets and liabilities of the deceased or to take any steps for obtaining probate of the said Last Will. That apart, the deceased was entitled to inherit legacies under the Last Will and Testament dated 27th July, 1988 of her late father Shri Nilkanth Pandurang Samant and that the order granting probate to the said Last Will and Testament dated 27th July,1988 of Shri Nilkanth Pandurang Samant was passed by the Hon'ble Bombay High Court only recently on 13th December, 2023 in Testamentary Petition No. 306 of 1999 and Probate of the Last Will and Testament dated 27th July, 1988 of Shri.

Nilkanth Pandurang Samant was issued on 1st TP/2458/2024 January, 2024 by the Hon'ble Bombay High Court. The Executors of the Last Will dated 19th May, 2015 of the deceased were advised to apply for probate of the said Last Will of the deceased after the grant of Probate to the Last

Contd. ...3/- Will and Testament dated 27th July, 1988 of Nilkanth Pandurang Samant as the inheritance of the deceased under the said Last Will of Nilkanth Pandurang Samant would be forming a major chunk of the estate of the deceased.

That the present petition for grant of probate to the last Will and Testament of the deceased is in the circumstances being made at the earliest possible opportunity. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of widow of the brother of the deceased as mentioned in para - 9 is on record. Affidavit of Vikram H. Kulkarni, 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. TP/2458/2024

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

30.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master