Vijay Vashdev Mirgh v. Vashdev Hariram Mirgh Alias Vashdev H. Mirgh-Deceased

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

CALLED FOR COMPLIANCE :

37. TP/3212/2024 [Original] (ECHCBM02067282024) with WILL/1302/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Harsh Agarwal i/b Smit K. Nagda, 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 Vijay Vashdev Mirgh, being one of the Executors named under the Will of the deceased.

Deceased Vashdev Hariram Mirgh alias Vashdev H. Mirgh, said to have died at Mumbai on 17.04.2004. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Agarwal, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 03.02.1999. The said Will is in English language.

3. Mr. Agarwal, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the wife of the deceased pre-deceased the deceased. The Petitioner states that one of the married daughters of deceased viz. Bindu Devi Prasad Kalro alias Meena Vashdev Mirgh predeceased the deceased on 24.12.1987 leaving behind her one daughter viz. Saudamini Vivek Arora alias Saudamini Devi Prasad Kalro. The deceased at the time of his death was survived

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) by three married daughters, one grand daughter and one son only. 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 any filing the present petition is on account of the fact that the Petitioner was ignorant and unaware of obtaining Probate of last Will and Testament of the deceased above named. The Petitioner states that Petitioner has now been advised to obtain the Probate and accordingly the Petitioner has expeditiously approached this Hon'ble Court seeking Probate of the last will and Testament of the deceased. This Hon'ble Court in the interest of justice may condone the delay, if any. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Atul Madhusudan Parekh, has filed his Affidavit dated 21.10.2024 relinquishing his right as Executor. The Ld. Advocate for the Petitioner to correct para - 5 of the Petition and the prayer clause by mentioning the relinquishing right of other Executor within three days from today. Consent Affidavits of three married daughters and one grand daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Daksha Bharat Raghani, 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.

23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master