Ajoy Krishna Prasad Kumar Basu v. Vijay Narendranath Kapoor

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd October, 2024.

CALLED FOR COMPLIANCE :

30. TP/2878/2024 [Original] (ECHCBM02087692024 with WILL/1164/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Praneeta P. Mokal i/b Krishna Mohanlal Thacker, 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 Ajoy Krishna Prasad Kumar Basu, being the Sole Executor named under the Will of the deceased. Deceased Vijay Narendranath Kapoor, said to have died at Mumbai on 06.06.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Ms. Mokal, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 10.05.2018 though the date and place of the execution of the Will is not mentioned in the Petition. The Ld. Advocate for the Petitioner to correct para -3 accordingly with three days from the date of uploading of the order. The said Will is in English language.

3. Ms. Mokal, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased have predeceased the deceased. The deceased has wife, a son and daughter. Save and except as mentioned in para - 7, there are no other

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making present Petition is on account of the fact that the Petitioner was unaware of obtaining any legal representation. Now, the Petitioner has been orally advised to obtain a legal representation for the estate left by the deceased. Hence, this Hon'ble Court in the interest of justice may condone the delay in filing the present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of wife and daughter of the deceased as mentioned in para - 7 are on record. There is Affidavit of service filed by Sheriff office dated 19.08.2024 showing the service upon Sanjay Kapoor, son of the deceased as mentioned in para - 7. Affidavits of Mahesh Lachamandas Tahilramani and Anita Mukesh Tahilramani, both the attesting witnesses to the Will are 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.

23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master