Vividh Makhija Alias Vividh Vivek Makhija v. Vijay Kumar Makhija (Deceased)

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

39. TP/3480/2024 Mr. Md. Mahmood Ali, Adv. i/b. Pooja Kharat for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02067432024) with WILL/1379/2024 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 Vividh Makhija alias Vividh Vivek Makhija being the sole Executor named under the Will of the deceased. Deceased Vijay Kumar Makhija, said to have died at Delhi on 23.06.2016. Copy of Death Certificate is annexed to the Petition. Copy of Voter Id of the deceased as ID Proof is annexed to the petition.

2. Mr. Ali, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Delhi on 02.07.2013. The said Will is in English language.

3. Mr. Ali, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Deceased was married to his wife Avinash Makhija, who predeceased him in the year 2006. "Exhibit F" to the petition is the copy of the death certificate of wife of the deceased. Additionally, the Deceased's father predeceased him in the year 1997 and mother predeceased him

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) before the year 1980 respectively. Save and except as mentioned in para -11, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the the Petitioner, at the time of the Deceased demise in June 2016 was unaware of the necessity to engage a legal representation. It is only after the lapse of seven years that the Petitioner was apprised of this requirement and filed this Petition and has now filed this petition. Hence, requesting the delay in filing be condoned.

Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in Para 11 are on record. Affidavit of Anil Gupta, one of the attesting witness to the Will is 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