Naina Thakkar v. Gautam Keshavji Thakkar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

45. TP/4123/2024 [Original] (ECHCBM02160032023) with WILL/1627/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Hetal Jobanputra i/b Jayakar and Partners, 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 Photocopy of Last Will and Testament of the deceased filed by the Petitioner Naina Keshavji Thakkar, being one of the Executrix named under the Will of the deceased. Deceased Gautam Keshavji Thakkar, said to have died at Mumbai, on 13.08.2008. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter ID is annexed to the Petition.

2. Ms. Jobanputra, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 31.10.2007. The said Will is in English language.

3. Ms. Jobanputra, 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 had no daughters and only three sons. Save and except as mentioned in para - 6, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making present Petition is on account

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the fact that Petitioner was ignorant and unaware of obtaining any legal representation, now the Petitioner has been orally advised to obtain legal representation. Hence this Hon'ble Court in the interest of justice may condone the delay in filing the present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. The remaining Executrix, Apurva S. Diwanji, has renounced his right by filing Affidavit dated 11.06.2024 and the other Executor, Ambrish Keshavji Thakkar expired on 12.05.2022 and Exhibit - E to the Petition is the copy of his death certificate. Consent Affidavits of three sons of the deceased as mentioned in para - 6 are on record. Affidavit of Monika Deshmukh Khadka, 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master