Nandkishore Keshavlal Mehta v. Gangadevi Keshavlal Mehta (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.

CALLED FOR COMPLIANCE :

56. TP/4188/2024 [Original] (ECHCBM02240652023) with WILL/1662/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Pranjali Bhandari, 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 Nandkishore Keshavlal Mehta, being the Sole Executor named under the Will of the deceased. Deceased Gangadevi Keshavlal Mehta alias Gangadevi K. Mehta alias G. K.

Mehta, widow of Late Keshavlal Pannalal Mehta, said to have died at Mumbai on 11.04.2016. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copies of Aadhar Card and Pan Card are annexed to the Petition.

2. Ms. Bhandari, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 20.04.2013. The said Will is in English language.

3. Ms. Bhandari, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased pre-deceased the deceased on 20.07.2010. The Deceased only had three children. Save and except as mentioned in para - 10, there are no other legal heirs or next of kins left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The Ld. Advocate for the Petitioner submits that there has been a gap of more eight years from the death of the deceased as the Petitioner was unaware of the legal formalities and the necessity of obtaining a Probate. The Petitioner needed time to collate the information and take steps to file the present Application. Thus, there has been a delay of approximately eight years in the filing of the present petition for Probate and the same may kindly be condoned by this Hon'ble Court in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of Manjula Narayandas Sharda, one married daughter, of the deceased as mentioned in para - 10 is on record. There is Affidavit dated 16.10.2024 filed by the Sheriff office showing service of citation upon non-consenting married daughter of the deceased viz. Maya Satish Malani. Affidavit of Ravi D. Nadar, 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.

14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master