Chetan Gunvantlal Dagli v. Gunvantlal Jethalal Dagli (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd September 2024.

CALLED FOR COMPLIANCE :

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42. TP/3098/2024 [Original] (ECHCBM02101552024) with WILL/1222/2024 Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Chetan Gunvantlal Dagli, being the Sole Executor named under the Will of the deceased.

Deceased Gunvantlal Jethalal Dagli alias Gunvantlal J. Dagli alias Gunvantlal Dagli, said to have died at Mumbai on 10.10.2016. 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. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 01.1.2012. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased had no daughter, he died leaving behind his Widow and three Sons. The widow of the Deceased Mrs. Arvindaben Gunvantlal Dagli expired on 19-08-2023 Exhibit 'D' is a photo copy of the death certificate she since deceased the Deceased. The mother of the Deceased Mrs. Shantaben Jethalal Dagli died prior to 1985. 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 delay, in filing the present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation recently and he has been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Dilip Devilal Jain, one of the attesting witnesses 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.

03.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master