Ganesh Govindprakash Gupta v. Govindprakash Bhagwandas Gupta (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th September 2024.

CALLED FOR COMPLIANCE:

46. TP/4022/2024 [Original] (ECHCBM02142092024) with WILL/1591/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Gauri Sawant, 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 Ganesh Govindprakash Gupta being one of the Executors named under the Will of the deceased.

Deceased Govindprakash Bhagwandas Gupta, said to have died at Mumbai on 27.04.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Sawant, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 01.01.2011 and 18.01.2011 respectively. The said Will is in English language.

3. Ms. Sawant, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. The Ld. Advocate for the Petitioner submits that though in the Petition, in para - 10 it is specifically not mentioned that mother of the deceased predeceased the deceased, she may be permitted to correct the same by mentioning the said fact in para - 10 of the Petition. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) said correction be carried out within three days from the date of uploading of the order. The deceased has left two sons, two daughters and a wife. Save and except as mentioned in para - 9 and 10, there are no other legal heirs or next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Piyush Kedia has renounced his right by filing Affidavit dated 4th July 2024. The Ld. Advocate for the Petitioner to correct the prayer clause by mentioning the renouncing right of other Executor within three days from the date of uploading of the order. Consent Affidavits of wife, two daughters and one son of the deceased as mentioned in para - 9 are on record. Affidavit of Manoj Jadhav, 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master