Bombay High CourtTP/2586/2024grant issued

Hrushi Abhay Narvekar v. Chand Suraj Bhasin

2024-06-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th June, 2024.

CALLED FOR COMPLIANCE:

50. TP/2586/2024 (ECHCBM02238472023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Mustafa Maimoon i/b Vashi and Vashi, 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 Hrushi Abhay Narvekar, being the Sole Executor named under the Will of the deceased. Deceased Chand Suraj Bhasin, said to have died at Mumbai on 22.07.2016. 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. Mr. Maimoon, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.09.2015. The said Will is in English language.

3. Mr. Maimoon, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased. 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 considerable time was taken in procuring the Consent Affidavits of the heirs and the Aflldavit of Attesting Witness of one Mr. Sahil Ghurye as a few of the signatories are outside of lndia and are required to apostille the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Affidavits, the Petitioner could not file this petition in time. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons and one daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Sahil Ghurye, 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.

18.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master