Phillip Vinay Meckoni v. Vinay Nagji Meckoni (Deceased)

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

CALLED FOR COMPLIANCE :

34. TP/4422/2024 [Original] (ECHCBM02089342024) with WILL/1758/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nehal Lathi i/b Divya Sanghvi, 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 Phillip Vinay Meckoni, being the Sole Surviving Executor named under the Will of the deceased. Deceased Vinay Nagji Meckoni, said to have died at Mumbai on 10.03.2010. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Ms. Lathi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 27.04.1983. The said Will is in English language.

3. Ms. Lathi, 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. The wife of deceased viz. Chandan Vinay Meckoni expired on 29th November, 2011. There are no other son, or daughter of the deceased. 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 delay in making present Petition is on

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation earlier. Now Petitioner has been advised to obtain a legal representation for the purpose of administration and distribution of the properties left by the deceased. 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. The other Executrix appointed by the deceased viz.

Chandan Vinay Meckoni expired on 29th November, 2011. The Ld. Advocate for the Petitioner undertakes to upload the death certificate of other Executrix, Chandan Vinay Meckoni within one week from the date of uploading of the order. Affidavit of Anil Harish, 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