Bombay High CourtTP/3886/2024grant issued

Harekrishna Popatlal Mistry v. Popatlal Shankarlal Mistry- Deceased

2024-11-14S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.

CALLED FOR COMPLIANCE :

50. TP/3886/2024 [Original] (ECHCBM02090782023) with WILL/1542/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suyash Kalbhor i/b Krishna Agarwal, 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 Harekrishna Popatlal Mistry, being the Sole Executor named under the Will of the deceased. Deceased Popatlal Shankarlal Mistry, said to have died at Mumbai on 13.01.2015.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 04.06.2004. The said Will is in English language.

3. Mr. Kalbhor, 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. The deceased left with wife, one son and four daughters. Save and except as mentioned in para - 9, there are no other legal heirs or next of kins left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was unaware about the legal

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) representation to be made for administering the estate of the deceased, hence, there is a delay in filing the Petition. Therefore, the delay in filing the Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow and three married daughters as mentioned in para - 9 are on record. Affidavit of Damji J. Gajra alias Damji J. Bhanushalli, 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.

14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master