Sheela Kisan Thombre v. Sureshchandra Jethuram Dobi Alias Suresh Chand Jethuram Alias Suresh Chandr Jethuram (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th September 2024.

CALLED FOR COMPLIANCE :

38. TP/3268/2024 [Original] (ECHCBM02099172024) with WILL/1325/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sharvari Nagvekar, 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 decease d filed by the Petitioner Sheela Kisan Thombre, being the Sole Executrix named under the Will of the deceased.

Deceased Sureshchandra Jethuram Dobi alias Suresh Chand Jethuram alias Suresh Chandr Jethuram, said to have died at Uttar Pradesh on 16.10.2018. 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. Nagvekar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 14.10.2014. The said Will is in English language.

3. Ms. Nagvekar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. The deceased left only two sons behind him. Deceased had no daughter. The deceased died as Widower. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) that the delay is on account of the fact that the Petitioner was ignorant and unaware of obtaining any legal representation. Now the Petitioner has been recently advised to obtain a legal representation. 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. Consent Affidavits of two sons of the deceased as mentioned in para - 9 are on record. Affidavit of Jayshree Negandhi, 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.

24.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master