Yoma Abhay Govekar v. Sunita Bharat Divecha Deceased

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

CALLED FOR COMPLIANCE :

39. TP/3266/2024 [Original] (ECHCBM02067512024) with WILL/1324/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shravan Purohit i/b Nikhil Mishra, 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 Yoma Abhay Govekar, being one of the Executors named under the Will of the deceased.

Deceased Sunita Bharat Divecha, said to have died at Mumbai on 02.05.2020. 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. Purohit, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 12.03.2018. The said Will is in English language.

3. Mr. Purohit, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased, father-in-law and mother-in-law of the deceased predeceased the Deceased. The deceased has no other Son and/or Daughter. Save and except as mentioned in para - 11, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the testator passed away on 2nd May 2020 i.e. during nationwide lock down caused due

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) to Pandemic Covid-19. Thereafter, it took the legal heirs substantial time to collate documents and obtain legal advise alongwith the Executors. Therefore, the delay in filing the present Probate be condoned in the interest of justice and equity. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executrix, Beenal Nilesh Panchal, has filed her Affidavit dated 27.03.2024 renouncing her right as Executrix. Consent Affidavits of son, daughter, daughter-in-law, grandson and grand daughter of the deceased as mentioned in para - 11 are on record. Affidavit of Bineeta Nilesh Panchal, 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