Durgaprasad Jagdishmani Tripathi v. Jagdishmani Kamlapati Tripathi Alias Jagdishmani K Tripathi

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

34. TP/2754/2024 [Original] (ECHCBM02080192024) with WILL/1126/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vishal Shivaji Raut , 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 Durgaprasad Jagdishmani Tripathi, being the Sole Executor named under the Will of the deceased. Deceased Jagdishmani Kamlapati Tripathi alias Jagdishmani K Tripathi, said to have died at Mumbai on 24.08.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Raut, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 07.12.2015. The said Will is in English language.

3. Mr. Raut, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the deceased have predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the deceased died on 24.08.2020 at Mumbai and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Petitioner is filing this Petition in the month of March, 2024, That there is delay of one year in filing the present Petition on account of the fact that the Petitioner was ignorant and unaware of obtaining any legal representation. Now the Petitioner has been advice to obtain a legal representation. Hence, this Hon'ble Court in the interest of justice may consider the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. There is Affidavit of service filed by Sheriff's office dated 22.08.2024 showing service upon nonconsenting legal heirs i.e. three married daughters and one son as stated in para - 8 of the Petition. Consent Affidavit of widow of the deceased as mentioned in para - 8 is on record. Affidavits of Suhas Dattatraya Barve and Ramesh Sanjiva Poojari, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the other 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master