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Bombay High CourtTP/3373/2024grant issued

Rajesh Madhukar Chandrachud v. Madhukar Chandrachud Alias Madhukar Abaji Chandrachud Alias Madhukar A Chandrachud (Deceased)

2024-10-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

53. TP/3373/2024 [Original] (ECHCBM02065942024) with WILL/1364/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prabhu Velar, 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 certified copy of Last Will and Testament of the deceased filed by the Petitioner Rajesh Madhukar Chandrachud, being the Sole Executor named under the Will of the deceased. Deceased Madhukar Chandrachud alias Madhukar Abaji Chandrachud alias Madhukar A Chandrachud, said to have died at Mumbai on 01.11.2015.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Velar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 20.08.2015. The said Will is in English language.

3. Mr. Velar, 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 and Exhibit - D to the Petition is the copy of death certificate of the wife of the deceased. The said deceased left behind his one Son and one daughter. 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 making present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been recently advised to obtain legal representation by the managing committee of .the Housing Society. Hence it requested that 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 married daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Kishore Narayan Mane, 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master