Vijay Vrindavan Vora v. Jaya Vrindavan Vora Alias Jaya V Vora

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024.

CALLED FOR COMPLIANCE :

25. TP/2997/2024 [Original] (ECHCBM02078912024) with WILL/1200/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. N. R. Gandhi, 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 Vijay Vrindavan Vora, being one of the Executors named under the Will of the deceased.

Deceased Jaya Vrindavan Vora alias Jaya V. Vora, said to have died at Mumbai on 13.10.2007. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Gandhi, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 22.04.2004. The said Will is in English language.

3. Mr. Gandhi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the Deceased pre-deceased the Deceased. Exhibit - C to the Petition is the copy of death certificate of the husband of the deceased. The deceased has two sons and no daughter. Save and except as mentioned in para - 6, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) that the Petitioner had filed in this Hon'ble Court a Petition for Succession Certificate in respect of Securities left behind by the deceased being T & I J Petition No. 610 of 2016 and same was granted to the Petitioner on 19th November 2016. The Petitioner has now filed the above Petition to obtain Probate in respect of the Last Will dated 22.04.2024 as the original Will was not traceable. The Petitioner only recently traced the said Will of his mother who died in October 2007. The Petitioner, as Executor named in the said Last Will of the deceased, has therefore filed the above Petition as expeditiously as possible after obtaining the Consent of his elder brother, who ordinarily resides in USA and was in Mumbai for a short period. The delay in filing the above Petition was not deliberate or wilful and deserves to be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, of Arun M. Vora, has filed his Affidavit dated 17.10.2024 reserving his right as Executor. Consent Affidavit of son of the deceased as mentioned in para - 6 is on record. Affidavit of Jayesh D. Buddhadev, 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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master