Pishu Naraindas Chatlani v. Devki Narnaindas Chatlani (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

42. TP/3154/2024 [Original] (ECHCBM02092492024) with WILL/1262/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, 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 Pishu Naraindas Chatlani, being the Sole Executor named under the Will of the deceased. Deceased Devki Naraindas Chatlani, said to have died at Mumbai on 06.06.2017. 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. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 09.03.2013. The said Will is in English language.

3. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the husband of the deceased have predeceased the deceased ( who died in or about 1954). Since he died in the year 1954 his death certificate is not available as the same is not preserved. The deceased left her two sons and no Daughter.

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 making the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) present Petition that Petitioner was not aware of the about the procedure to obtain Probate of Will of the deceased from this Hon'ble Court. Hence, this Hon'ble Court in the interest of Justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. There is Affidavit dated 05.10.2024 filed by Sheriff's office showing service upon non-consenting son, Surendra Naraindas Chatlani, of the deceased. Affidavit of Hardevi S. Chatalni, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master