Rama Ajit Singh v. Ajitkumar Chandrashekhar Singh (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 17th October, 2024.

CALLED FOR COMPLIANCE :

47. TP/4185/2024 [Original] (ECHCBM02062652024) with WILL//1659/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Neha Hande, 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 Rama Ajit Singh, being one of the Executrix named under the Will of the deceased. Deceased Ajitkumar Chandrashekhar Singh alias Ajit Kumar Singh, said to have died at Powai, Mumbai on 21.04.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Ms. Hande, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 10.06.2019. The said Will is in English language.

3. Ms. Hande, 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 was married and has left behind his widow, one son and one daughter. That there are no other son or daughter. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner is a housewife, aged 59 years old

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and after her Husband's death she was devasted and was in indifferent health. It took her considerable time to collect all relevant details/ documents. Delay in filing the Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed.

The other Executor, Tushar Ajit Singh (Son), has filed his Affidavit dated 06.02.2024 renouncing his right as Executor. Consent Affidavit of daughter and son of the deceased as mentioned in para - 9 are on record. Affidavit of Anita Paritosh Kumar, 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.

17.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master