Tina Chandan v. Surinder Chandan

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

CALLED FOR COMPLIANCE :

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31. TP/2508/2024 [Original] (ECHCBM02066102024) Ms. Jyoti Badgujar i/b Lakdawala & 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 Tina Chandan wife of Rajesh Chandan, being the Sole Executrix named under the Will of the deceased. Deceased Surinder Chandan alias Surinder Chandan wife of Late Mohan Chandan, said to have died at Delhi on 12.12.2023. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Delhi on 09.03.2022. 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 Mr. Mohan Chandan died on 11-8-2003, and Exhibit 'D' to the Petition is a Photo Copy of his Death Certificate and he pre-deceased the deceased. The daughter of the Deceased Ms. Kashish Chandan died as Divorcee and her husband

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) died during her life time on 20-7-2012, and Exhibit 'E" is a Photo Copy of the Decree of Divorce, she had no issue from the said wedlock. The said order was passed by the Court of Sh. K. S. MOHI, Judge-01, South Family Courts, Saket Courts Complex, New Delhi in H. M. A. Petition No. 542 of 2012. She expired on 26-12-2021 and Exhibit 'F" is a Photo Copy of the Death Certificate, she did not re-marry, nor had any issue from her marriage and she too pre-deceased the Deceased. The said Deceased died leaving behind her son as only heir. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para - 8 is on record. Affidavit of Megha Dewan W/o Mr. Kamal Dewan, 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.

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