Karan Jagdish Valecha v. Padma Kishinchand Valecha (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

39. TP/3645/2024 Ms. Sneha Agicha, Adv. i/b. D. M. Harish & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02115302024) with WILL/1421/2024 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 and Codicil of the deceased filed by the Petitioner Karan Jagdish Valecha, being one of the Executors named under the Will of the deceased. Deceased Padma Kishinchand Valecha alias Padma Kishanchand Valecha alias Padma Kishimchand Valecha, said to have died at Mumbai on 02.01.2024. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Agicha, Advocate for the Petitioner submits that deceased left behind her last Will and Testament and Codicil which was duly executed at Mumbai on 17.06.2016 and 02.06.2022 respectively. The said Will and Codicil dated are in English language.

3. Ms. Agicha, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted in Para 11 the Act is wrongly mentioned as Indian Succession Act and the Ld. Adv. for the Petitioner may be permitted

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) to correct the same as Hindu Succession Act.

The said correction be carried out within three days from the date of uploading of this order. Re-verification is dispensed with. It is submitted that the Parents and husband of the deceased predeceased the deceased.

Exh. F is a copy of death certificate of the husband of the deceased. The Deceased did not leave any other son and daughter or any other children. Save and except as mentioned in para -11, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The Other three Executors Jagdish Kishinchand Valecha alias Jagdish Kishanchand Valecha, Rina Jagdish Valecha alias Reena Jagdish Valecha Maiden Name: Rina Gopaldas Murlidhar Gwalani and Kapil Jagdish Valecha, have filed their affidavit dated 18.10.2024 reserving their rights as Executors. Consent Affidavits of daughter and son of the deceased as mentioned in para 11 are on record.

Affidavits of Bina Hiren Narsey and Suman Kishanchand Aggarwal, of the attesting witnesses to the Will and Codicil respectively 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 22.10.2024