Somnath Kamalaksha Banerjee v. Kamalaksha Hemchandra Banerjee (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th September 2024.

CALLED FOR COMPLIANCE :

62. TP/3573/2024 [Original] (ECHCBM02116082024) with WILL/1408/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Somnath Kamalaksha Banerjee and Sharmistha Kamalaksha Banerjee, being the Executors named under the Will of the deceased.

Deceased Kamalaksha Hemchandra Banerjee alias Kamalaksha Banerjee alias Kamalaksha Hem Chandra Banerjee alias Kamalaksha H.

Banerjee, said to have died at Mumbai on 27.01.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 31.12.2017. 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 died leaving behind his Widow, one Son and one Daughter. The wife of Deceased Mrs. Asoka Kamalaksha Banerjee died on 1-7-2021 she since deceased the Deceased. Hereto annexed and marked and Exhibit 'D' is Photo copy of the death

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) certificate. The mother of the Deceased Mrs.

Kamala Banerjee died before 1981, she predeceased the Deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay, in filing the present Petition is on account of the fact that Petitioners were Ignorant and unaware of obtaining any legal representation recently they have been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Kesi Madhusudan Reddy, 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.

19.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master