Roxanne Dileep Patel v. Dileep Pashabhai Patel (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th October, 2024.

CALLED FOR COMPLIANCE :

33. TP/2610/2024 [Original] (ECHCBM02230082023) with WILL/1055/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sandeep Dhangar i/b Vipul Shukla, 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 Roxanne Dileep Patel and Siddharth Dileep Patel, being the Executors named under the Will of the deceased. Deceased Dileep Pashabhai Patel, said to have died at Mumbai on 16.04.2016. 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. Mr. Dhangar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 29.03.2016. The said Will is in English language.

3. Mr. Dhangar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The Petitioners crave leave to refer to and rely upon the copies of death Certificate of the Parents of the deceased as and when produced. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for Petitioners submits that there has been delay in filing this Petition on account of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) certain time having been elapsed in collecting the information and documents with regard to the property m respect of which the present Petition is filed. Further, the Petitioner was not aware about requirement of obtaining the probate from this Hon'ble Court for transfer of the property in the names of legal heirs. The Petitioner states that the delay is unintentional and beyond the control of the Petitioner hence, the same may be condoned. Thus, the delay is explained.

4. Petitioners' Oath are filed.

Consent Affidavit of daughter of the deceased as mentioned in para - 9 is on record. Affidavit of Aspy Dady Cooper, one of the attesting witnesses 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.

17.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master