Asha Jitendra Kacheria v. Jayantilal Sakarlal Gandhi (Deceased)

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

CALLED FOR COMPLIANCE :

42. TP/4458/2024 [Original] (AMH20230044656C202400005) with WILL/1772/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Miraj R. Bharapuria, 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 Asha Jitendra Kacheria, being the Sole Executrix named under the Will of the deceased. Deceased Jayantilal Sakarlal Gandhi, said to have died at Mumbai, on 01.02.2011. 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. Mr. Bharapuria, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Calcutta, West Bengal on 01.03.1981. The said Will is in English language.

3. Mr. Bharapuria, 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 the deceased died on 24.10.2014. Exhibit - "E" is the copy of the death certificate of the wife of the deceased. The deceased has no son and no other 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 Petitioner was not aware about any legal procedure for obtaining the immovable properties which are shown in schedule I on her name and was also not familiar with the legal work. The Petitioner states that at no point of time, properties were required to be transferred as nothing to that effect was decided amongst the legal heirs of the Deceased. The delay so caused was on account of the circumstances which were beyond the control of the Petitioner and hence, same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two married daughters of the deceased as mentioned in para - 9 are on record. Affidavit of Navin Ochhavlal Parekh, 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