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Bombay High CourtTP/3670/2024grant issued

Kiran C Dedhia v. Prem Tolaram Ajwani (Deceased)

2024-10-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

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

40. TP/3670/2024 Mr. Shivam Gupta, Adv. i/b. DG. Tripathi for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02072712024) with WILL/1444/2024 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 of the deceased filed by the Petitioner Kiran C. Dedhia, being one of the Executors named under the Will of the deceased. Deceased Prem Tolaram Ajwani, said to have died at Mumbai on 21.05.2020.

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. Mr. Gupta, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 01.12.2018. The said Will is in English language.

3. Mr. Gupta, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Save and except as mentioned in para -7, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioner being layman could not avail legal representation and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) could not file the petition within the limitation period and there is delay of more than 8 months and the same be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. The Other executrix Loveena Jeevan Kathpal has filed her affidavit dated 20.03.2024 renouncing rights as Executor. Consent Affidavits of widow, son and daughter of the deceased as mentioned in para 7 are on record. Affidavit of Mohan Kathpal, one of the attesting witness to the Will 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