Nishith Champaklal Kothari v. Damayanti Champaklal Kothari (Deceased)

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

CALLED FOR COMPLIANCE :

37. TP/4453/2024 [Original] (AMH20210053261C202400011) with WILL/1767/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, Advocate for Petitioners. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Nishith Champaklal Kothari and Sandhya Nishith Kothari being the Executors named under the Will of the deceased. Deceased Damayanti Champaklal Kothari, said to have died at Mumbai on 14.06.2006. 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. Hunnurkar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 25.03.2006. The said Will is in English language.

3. Ms. Hunnurkar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased pre-deceased the deceased. Exhibit - "D" is a copy of his death certificate. The deceased left her one son and one Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making the present Petition is on account of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the facts that Petitioner was not aware about the procedure to obtain Letters of Administration of the Will of the deceased from this Hon'ble High Court, Bombay, hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioners' Oath are filed.

Consent Affidavit of married daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Manoj Duleray Mehta, 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