Kokila Gautamkumar Dave v. Chandrakant Krishnakant Dave (Decased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2025.

CALLED FOR HEARING :

11. TP/3150/2024 (ECHCBM02048902024) with WILL/1258/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai, 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 Kokila Gautamkumar Dave, being the Sole Executrix named under the Will of the deceased.

Deceased Chandrakant Krishnakant Dave, said to have died at Mumbai on 04.02.2019. 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. Desai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 23.04.2010. The said Will is in English.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased have predeceased the Deceased. Deceased being a divorcee has no other legal heirs, and only has the above mentioned nephews and niece. One of the nephew being Keshavdas Dave was not legally adopted by the Deceased but the deceased treated Keshavdas Dave like his own son. The Deceased had divorced his wife in year 1988 and has no son and no daughter from the said wedlock. Save and except as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the petitioner had no legal knowledge of obtaining the certificate of Probate and has recently been advised to obtain the same, hence, the delay caused may kindly be condoned off in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of niece and two nephews of the deceased as mentioned in para - 8 are on record.

Affidavit dated 18.01.2025 is filed for publication of citation upon Pushpa Narendra Bhatt, sister of the deceased, in two newspapers. Affidavit of Haridas G. Dave, one 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.

07.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master