Akhtar Ismail Selia v. Late Shyam Shripathi Mali (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th November, 2024.

CALLED FOR COMPLIANCE :

26. TP/4153/2024 [Original] (ECHCBM02135102024) with WILL/1638/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shobhana Waghmare, 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 Akhtar Ismail Selia, being the Sole Executor named under the Will of the deceased. Deceased Shyam Shripati Mali said to have died at Mumbai on 14.02.2003. 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. Waghmare, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 03.09.2002. The said Will is in English language.

3. Ms. Waghmare, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Petitioner is not aware of any of the Class - I legal heirs of the deceased or their whereabouts hence has not mentioned the details herein of such legal heirs of the deceased. The Petitioner had done a due and diligent search for the legal heirs of the deceased however he was not able to trace them or their whereabouts. The Ld. Advocate for the Petitioner submits that there has been a delay for filling the present Probate petition,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) as the petitioner being the Executor of the Last will of the deceased, had in the month of March 2024, was informed by a family friend that the deceased has expired in February 2003. Hence the Petitioner thereafter tried to search for the legal heirs of the deceased for the purpose of getting their Consent for filling of the present Petition. However, even after due and diligent search the Petitioner was not able to find the legal heirs of the deceased. The Petition thereafter took legal advice and has now filed the present Petition. Hence the delay caused was not intentional on the part of the Petitioner and was due to the aforementioned circumstances. Hence the delay so caused, and same be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. There is Affidavit dated 06.11.2024 for publication of citation in two newspapers by way of substituted service. Affidavits of Imran Ahmed Nedaria, 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.

12.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master