Gauri Anand Merchant v. Girish Jamnadas Merchant (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

24. TP/3655/2024 [Original] (ECHCBM02057432024) with WILL/1429/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Neha Kodape i/b. Tyabji Dayabhai, 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 Gauri Anand Merchant, being one of the Executors named under the Will of the deceased. Deceased Girish Jamnadas Merchant, said to have died at Mumbai, on 26.01.2010. 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. Kodape, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 20.02.1998. The said Will is in English language.

3. Ms. Kodape, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. Save and except as mentioned in para - 11, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making the present Petition is on account of the fact that the Petitioner was unaware of obtaining

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Probate in respect of the said Will of the Deceased. Now the Petitioner has been advised to obtain Probate of the said Will of the Deceased. Hence, this Hon'ble Court may condone the delay in filing the present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. The remaining Executrix, Meenakshi Girish Merchant, has reserved her right by filing Affidavit dated 20.02.2024. Consent Affidavits of wife, married daughter and son of the deceased as mentioned in para - 11 are on record.

Affidavit of Shilpa Balmukund Thakar, 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master