Bombay High CourtTP/3095/2024grant issued

Ravi Pushpak Nursey v. Pushpak Laxmidas Nursey (Deceased)

2024-10-01S. 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 : 01st October, 2024.

CALLED FOR COMPLIANCE :

49. TP/3095/2024 [Original] (ECHCBM02189022023) with WILL/1220/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sunny Udasi i/b AAK Legal, 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 Ravi Pushpak Nursey, being the Sole Surviving Executor named under the Will of the deceased. Deceased Pushpak Laxmidas Nursey, said to have died at Mumbai on 22.02.2017. 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. Udasi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 03.09.2015. The said Will is in English language.

3. Mr. Udasi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased and Exhibit - F is the copy of death certificate of wife of the deceased. Save and except as mentioned in para - 10, 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 filing present Petition is on account of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the fact that the Petitoiner was ignorant and unaware of obtaining any legal representation. Now, the Petitioner requires for his own record, hence the delay. It is therefore, requested that this Hon'ble Court in the interest of justice may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other Executrix, Nalini Pushpak Nursey has expired on 24.06.2023 and Exhibit "F" is the copy of her death certificate. Affidavits of Ruzbeh Baman Irani and Bharat Narottam, 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.

01.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master