Bombay High CourtTP/2649/2024grant issued

Prkash Vasdev v. Vashdev Lachmandas

2024-09-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th September, 2024 CALLED FOR DIRECTION:

48. TP/2649/2024 Ms. Jyoti Badgujar, Adv. i/b. Lakdawala & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02080802024) with WILL/1086/2024 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 Prkash Vasdev being the sole Executor named under the Will of the deceased. Deceased above-named Vashdev Lachmandas alias Vashdev Lachmandas Son of Lachmandas Lilaram, said to have died at Mumbai on 20.01.2020. Copy of Death Certificate is annexed to the Petition. Copy of Passport of the deceased as ID Proof is annexed to the petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 10.06.2003 and 26.10.2006 respectively.

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 mother of the deceased predeceased the deceased. Mrs. Parpatibai Lachmandas expired in 2000 she predeceased the Deceased. The said Deceased died leaving behind his Widow, 1 Son and 2

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Daughters. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the delay is on account of Petitioner being unaware and recently he has been advise to obtain the same. Hence the delay in filing the petition may condone in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow and two married daughters of the deceased as mentioned in para 8 are on record. Affidavit of Mr. Inderchand Vallabh Chand Daga, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 18.09.2024