Bombay High CourtTP/3540/2024grant issued

Kanjaresseri Narayana Vaidhyanathan Iyer v. Devanayaki Iyer Alias Devanayaki K. S. Subramanian Iyer (Deceased)

2024-09-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September 2024.

CALLED FOR COMPLIANCE :

65. TP/3540/2024 [Original] (ECHCBM02102532024) with WILL/440/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b S. U. Lakdawala, 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 the Petitioner Kanjaresseri Narayana Vaidhyanathan Iyer, being the Sole Executor named under the Will of the deceased. Deceased Devanayaki Iyer alias Devanayaki K. S. Subramanian Iyer alias K. S. Devanayaki alias Devanayaki Subramanian lyer, said to have died at Mumbai on 26.07.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 11.08.2011. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased passed away leaving behind her 1 (One) Daughter and 3 (Three) Sons. The husband of the Deceased, Mr.

Kanjaresseri Vaidhyanathan Narayana Iyer passed away / died on 14.08.1979 who predeceased the Deceased and Exhibit 'D' is a copy of his death certificate. The Deceased left

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) no other heirs Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of married daughter and two sons of the deceased as mentioned in para - 9 are on record. Affidavit of Ramesh Pandurang 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.

26.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master