Bombay High CourtTP/3449/2024grant issued

Sunil Parshottam Kukreja v. Kamla Parshottam Kukreja (Decased)

2025-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th February, 2025.

CALLED FOR HEARING:

10. TP/3449/2024 [Original] (ECHCBM02106532024) with WILL/1467/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Atul Mody, 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 Petitioner Sunil Parshottam Kukreja, being the Sole Executor named under the Will of the deceased. Deceased Kamla Parshottam Kukreja, said to have died at at New York, United States of America on 10.03.2024.

Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Passport is annexed to the Petition.

2. Mr. Mody, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at New York, United States of America on 07.12.2022. The said Will is in English language.

3. Mr. Mody, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased. The deceased has only one son and one daughter.

The deceased has no other sons and daughters, except as mentioned in para - 9.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The whereabouts of the daughter of the deceased are not known since more than last 10 years. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavit dated 17.10.2024 of publication of service of citation in two newspapers upon the nonconsenting legal heir i.e. daughter of the deceased, Sunita Kukreja alias Sonia Kukreja alias Sonia Sengupta is filed. Affidavit of Sonal Vilas Pimple, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the other Affidavits 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.

05.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master