Ranjan Kaji v. Nayana Goverdhandas Aggarwal Aliasnayana G Aggarwal Alias Nayana Aggarwal

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th August 2024.

CALLED FOR COMPLIANCE :

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44. TP/2516/2024 [Original] (ECHCBM02075882024) Mrs. Bina Shivhare, 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 Ranjan Kaji, being one of the Executrix named under the Will of the deceased. Deceased Nayana Goverdhandas Aggarwal alias Nayana G Aggarwal alias Nayana Aggarwal, said to have died at Mumbai on 08.11.2020. 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. Mrs. Shivhare, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.05.2015. The said Will is in English language.

3. Mrs. Shivhare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased predeceased the deceased. The deceased left no other sons and no daughters. 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 the Petitioner has recently traced out the original Will and so there is delay in filing the above Petition. The delay so caused may be condoned. Thus, the delay is explained.

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4. Petitioner's Oath is filed. The remaining Executors viz: (1) Admiral Rakesh Pandit reserves his right as Executor by filing Affidavit dated 11.03.2024 and (2) Navinbhai V. Vimadalal renounce his right as Executor by filing Affidavit dated 10.07.2024. Petitioner is permitted to amend the prayer clause mentioning the renunciation of Executor, Navinbhai V. Vimadalal during the course of the day. Re-verification is dispensed with. Consent Affidavit of son of the deceased as mentioned in para - 9 is on record. Affidavit of Nalina Jiwnani, 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.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master