Bombay High CourtTP/3119/2024grant issued

Vijay Kumar Motiram Vaswani, v. Motiram Rochiram Vaswani (Deceased)

2024-10-16Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

47. TP/3119/2024 Mr. Yogesh Bamne, Adv. for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02092692024) with WILL/1238/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Vijay Kumar Motiram Vaswani and Dinesh Kumar Motiram Vaswani being the sole Executor named under the Will of the deceased. Deceased Motiram Rochiram Vaswani said to have died at Mumbai on 14.05.2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Bamne, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 21.04.2022. The said Will is in English language.

3. Mr. Bamne, Advocate for Petitioners 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. Exh. F is a death certificate of wife Lila Motiram Vaswani. Deceased left two sons and no daughter. Save and except as mentioned in para -9, there are no other legal heirs and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the delay in making the present Petition is on account of the facts that Petitioners are ignorant and unaware of obtaining any legal representation. Now the Petitioners have been recently advised to obtain a legal representation. Hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioners' Oath are filed. Affidavit of Manisha Vaswani, one of attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 16.10.2024