Aniruddha Bose v. Salil Ghosh (Deceased)

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

CALLED FOR COMPLIANCE :

32. TP/3104/2024 [Original] (ECHCBM02057922024) with WILL/1227/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rachit Bharwada i/b Haresh Mehta & 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 Aniruddha Bose, S/o. Late Niladri Kumar Bose being one of the Executors named under the Will of the deceased. Deceased Salil Ghosh, said to have died at Mumbai on 23.11.2020. 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. Bharwada, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 21.11.2010. The said Will is in English language.

3. Mr. Bharwada, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased predeceased the deceased. That two children were born out of the wedlock between the said deceased Late Mr. Salil Ghosh and Late Mrs. Shukla Ghosh, namely (i) Mr. Sushmito Ghosh, who was married and lawfully divorced on 23rdAugust 2005 before his death and Ms. Priya Ghosh was born out of their wedlock and (ii) Mr.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Saurav Ghosh, who was married but lawfully separated from his wife and did not have any children out his wedlock. Both of the said 2 sons, i.e. Mr. Sushmito Ghosh and Mr. Saurav Ghosh have pre-deceased the deceased. Save and except as mentioned in para - 8, 9 and 10, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that due to inadvertence, the present petition remained to be filed and since Mr. Aniruddha Bose, one of the Executors of the said Will of the deceased was in West Bengal and who has now relinquished his rights as Executor to file the present Petition by filing his Affidavit of Relinquishment. Therefore, the delay in filing the present Petition, which was never intentional, may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Vistasp Noshir Kaikobad, has renounced his right by filing Affidavit dated 15.02.2024. Consent Affidavit of Priya Ghosh, daughter of the pre-deceased son as mentioned in para - 8 is on record. Affidavit of Satish Sohoni, 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.

23.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master