Gurbir Singh Narula v. Harbhajan Singh Narula (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

35. TP/3232/2024 [Original] (ECHCBM02171922023) with WILL/1315/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Pulkit Tiwari i/b Integrum Legal, 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 Gurbir Singh Harbhajan Singh Narula, being the Sole Executor named under the Will of the deceased. Deceased Harbhajan Singh Narula said to have died at Mumbai on 01.08.2017. 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. Mr. Tiwari, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.01.1998. The said Will is in English language.

3. Mr. Tiwari, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents and wife of the deceased have predeceased the deceased. Exhibit - E is the copy of death certificate of the wife of the deceased. The deceased left three Son and one 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.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate for the Petitioner submits that the delay in making the present Petition is on account of the facts that Petitioner was not aware about the procedure to obtain Letters of Administration with Will of the deceased from this Hon'ble High Court, Bombay, 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 of service dated 22.10.2024 filed by Sheriff office for service of citation upon all nonconsenting legal heirs as mentioned in para - 9. Affidavit of Prakash Shivappa Hindivali, 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master