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Bombay High CourtTP/4030/2024grant issued

Rita Ashok Kumar Doda v. Ashok Kumar Doda (Deceased)

2024-10-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

501. TP/4030/2024 Mr. Someshwar Pawale, Adv. i/b. P. S. Chambers for the Petitioner.

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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 Rita Ashok Kumar Doda, being one of the Executrix named under the Will of the deceased.

Deceased Ashok Kumar Doda, said to have died at Gurgaon on 29.11.2020. 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. Pawale, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 19.07.2019 and 30.08.2019 respectively. The said Will is in English language.

3. Mr. Pawale, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that there is a delay of about four months for filing of the present Petition, the same may be condoned in the interest of justice. Since, the Petitioner was not aware of the legal knowledge, procedures of Probate, now the Petitioner is advised and exigencies arise. Thus, the delay is explained.

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4. Petitioner's Oath is filed. The other Executrix, Sonam Doda has reserved her right by filing Affidavit dated 09.04.2024. Consent Affidavits of daughter and son of the deceased as mentioned in para - 8 are on record. Affidavit of Vipin Bindal, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 24.10.2024