Joya Amrita Rajadhyaksha v. Ashok Govid Rajadhyaksha (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th October, 2024 CALLED FOR DIRECTION:

41. TP/4235/2024 Mr. S. A. K. Najam-Es-Sani, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02013352024) with WILL/1685/2024 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 Joya Amrita Rajadhyaksha being the sole Executrix named under the Will of the deceased. Deceased Ashok Govind Rajadhyaksha, said to have died at Mumbai on 16.09.2017. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Najam-Es-Sani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 21.05.2017. The said Will is in English language.

3. Mr. Najam-Es-Sani, 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.

predeceased the said deceased having died.

in April 1995 ( Mrs. Indira .Rajadhyaksha) and September 2006 (Mr. Govind Hari Rajadhyaksha). That the wife of the deceased viz. Moyna Ashok Rajadhyaksha,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) predeceased the said deceased having died on 13th January 2012. The said deceased had only a daughter the Petitioner abovenamed and had no other child. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay in filing present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been orally advised to obtain a legal representation. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Premila Cowas Nazir, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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 18.10.2024