Santosh D. Kaushal v. Padma Sahgal Deceased

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

35. TP/3328/2024 Mr. Zulfiq Multani a/w. Jayant Wani, Adv. i/b. Manoj Kumar Mishra for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02086722024) with WILL/1341/2024 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 Sanotsh D. Kaushal being the sole surviving Executor named under the Will of the deceased. Deceased Padma Sahgal, said to have died at Mumbai on 28.07.2020.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Multani, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 07.02.2018. The said Will is in English language.

3. Mr. Multani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The deceased died as spinster. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that there has been a delay in filing

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) this petition because the petitioner was aware of Probate but not aware of the limitation for obtaining a Probate certificate. Recently, the petitioner sought legal advise and representation from their advocates.

The delay may not have been intentional, and therefore, in the interest of justice, the delay in filing the petition should be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other Executrix Sanyogta Bimbhat has expired on 16.08.2019 and Exh. D to the petition is a copy of her death certificate. Affidavits of Sanotsh D. Kaushal and Pandurang D.

Tmabli, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 24.10.2024