Bombay High CourtTP/3760/2024grant issued

Lalji Hirji Hadiya v. Kirorimal Parasram Talreja(Deceased)

2024-10-07Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th October, 2024.

CALLED FOR COMPLIANCE :

27. TP/3760/2024 [Original] (ECHCBM02081572024) with WILL/1476/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Satish Kamat, Advocate for the Petitioner. P.C.:

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Lalji Hirji Hadiya, being the Sole Executor named under the Will of the deceased. Deceased Kirorimal Parsram Talreja alias Krorimal Parsram alias Kirorimal Parsram, said to have died at Sindh Pakistan on 03.04.2008. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, Petitioner has filed Affidavit dated 13.04.2024 for non-availability of Identification proof of the deceased.

2. Mr. Kamat, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Ulhasnagar - 5, on 19.07.2004. The said Will is in English language.

3. Mr. Kamat, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. The deceased died as widower. The deceased left no other sons and no daughters. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) that the Petitioner has recently traced out the original Will and so there is delay in filing the above Petition. The delay so caused may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the decreased as mentioned in para - 9 is on record. Affidavit of Jayprakash Mulji Joshi, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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.

07.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master