Bombay High CourtTP/2871/2024grant issued

Kapil Vedvyas Sabharwal v. Ved Vyas Sabharwal

2024-10-15S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th October, 2024.

CALLED FOR COMPLIANCE :

25. TP/2871/2024 [Original] (ECHCBM02082682024) with WILL/1158/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. V. K. Rajbhar i/b Utsav Anil Dalal, 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 Kapil Vedvyas Sabharwal, being the Sole Executor named under the Will of the deceased. Deceased Ved Vyas Sabharwal, son of Late Nanak Chand Sabharwal, said to have died at Mumbai on 29.11.2020. 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. Rajbhar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 02.02.2018. The said Will is in English language.

3. Mr. Rajbhar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents and wife 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 Petitioner were unaware about the legal representation to be made for administering the estate of the deceased,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) hence there is a delay in filing this Petition. Therefore, delay in filing the Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Retna Mehta, 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master