Bombay High CourtTP/2712/2024grant issued

Durga Vishwanathan v. Sushila Dwarkadas Shah

2024-09-20Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th September, 2024 CALLED FOR DIRECTION:

66. TP/2712/2024 Ms. Shubhangi Sarang, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02008642024) with WILL/1102/2024 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 Durga Vishwanathan, (daughter of Sushila Dwarkadas Shah) being the sole Executor named under the Will of the deceased. Deceased Sushila Dwarkadas Shah alias Sushilabai Dwarkadas Shah said to have died at Australia on 22.12.2008. 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. Sarang, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.09.2001. The said Will is in English language.

3. Ms. Sarang, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. deceased. The parents of the husband of the deceased predeceased the deceased. The husband of the deceased predeceased the deceased. The deceased had no son and no other Daughter

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Petitioner was unaware of obtaining Probate certificate for the last Will and testament of the deceased and was recently advised to obtain the same, hence, the delay caused may kindly be condoned off. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Gool Maneek Kotwal, 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 20.09.2024