Haresh Tikamdas Bhatia v. Leela Tikamdas Bhatia-Deceased

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

71. TP/3887/2024 Ms. Vinaya Supe, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02127702024) with WILL/1543/2024 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 Haresh Tikamdas Bhatia being the sole Executor named under the Will of the deceased. Deceased Late Leela Tikamdas Bhatia, said to have died at Mumbai on 15.06.1991. Copy of Death Certificate is annexed to the Petition. The petitioner has filed affidavit dated 22.05.2024 for non availability of Id Proof of the deceased annexing therewith copy of share certificate showing the name of the deceased.

2. Ms. Supe, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 04.11.1988. The said Will is in English language.

3. Ms. Supe, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased.

Exh. D to the petition is a copy of death

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) certificate of the husband of the deceased.

Deceased died as widow. Deceased had two sons and three daughters. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the there is a delay in filing this Petition and the same on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now the Petitioner has been recently advised to obtain such legal representation. Hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son, two married daughters and one unmarried daughter of the deceased as mentioned in para 8 are on record. Affidavit of Rajkumar Rochlram Bhatia, the attesting witness to the Will is filed. The Ld. Adv. for the Petitioner is permitted to correct the place of death of the deceased mentioned in the petition I.e instead of Mumbai it should be corrected as Pune. The said correction be carried out by tomorrow i.e. 26.09.2024 and upload the correction. Office to permit the Ld. Adv. for the Petitioner to carry out the necessary correction. 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 25.09.2024