Amarlal Daulatram Wadhwa @ Wadhwani v. Kaushalya Daulatram Wadhwa @ Wadhwani Deceased

SLG BEFORE : MR. DILIP S. GURAV, FIRST ASSISTANT MASTER Date: 7th October, 2024 CALLED FOR COMPLIANCE :

36 TP/3846/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nishant Tripathi i/b. N. Tripathi and Co., Advocate for petitioner P.C.:

1) The Petitioner has filed this petition for Letters of Administration with Will (Debonis Non) with Probated Will dated 20.03.2006. The Petitoner herein is a Executor who had renounced his rights in earlier petition [TP/650/2012] to apply for probate by writing dated 29th February, 2012 as stated in para no.5 of the petition.

Ld. Advocate for the petitioner to explain how an Executor who has renounced his rights can file this petition as per Section 230 of the Indian Succession Act, 1925.

2) Ld. Advocate for the petitioner submits that in this petition Consent affidavits of legal heirs of deceased mentioned in para no.10 of the petition is not required to be filed as they have already filed their consent Affidavits in earlier petition [TP/650/2012]. However, as per the Section 259 of the Indian Succession Act, 1925, rules applied to De-bonis non will be as per Original Grants. Hence, Ld. Advocate for the petitioner to file fresh Consent Affidavits of legal heirs of deceased in this petition giving their consents in favour of petitioner herein. Hence, file consent Affidavits of legal heirs who have not filed their consent Affidavits in this petition.

3) Ld. Advocate for the petitioner to take appropriate steps to dispense with a share of non-consenting legal heirs as per para No.7 of the Will.

07.10.2024 FIRST ASSISTANT MASTER

SLG