Jaishree Srichand Tourani v. Ishwari Srichand Tourani Deceased

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 03rd October, 2024 FOR COMPLIANCE:

54. TP/3508/2024 [Original] (ECHCBM02103492024) P. C. :

Ms. Laxmi Mankar a/w Shri. Jayant Wani Ld. Advocate for the Petitioner

1. Petitioner to take steps as per the earlier orders.

2. Ld. Advocate for the petitioner submitted that the Will was Probated in the Court at UAE and properties situated at UAE have been administered. Hence, once the Will is Probated by the Court of Law having jurisdiction to grant it as per the law then provision of the Section 228 of the Indian Succession Act, 1925 will be applied.

3. Ld. Advocate for petitioner further submitted that the Will is not attested by the two witnesses, and therefore, the Letters of Administration is filed. However, once the Will is probated by the foreign Court as pe the law of the said country, which Ld. Advocate confirmed again and again, provison of Section 228 of the Indian Succession Act, 1925 will apply. Hence, in such circumstances, question as to maintainability arises. Hence, petitioner to take steps. Hence, adjourned.

4. S. O. to 21.10.2024 03.10.2024 Officer on Special Duty, with Testamentary Department