Aditya Subhash Agarwal v. Subhash Chand Roshanlal Agarwal Alias Subhash Agarwal Alias Subhashchand Roshanlal Agarwal (Deceased

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

CALLED FOR COMPLIANCE :

59. TP/4653/2024 [Original] (AMH20210053261C20240 0025) with WILL/1851/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Seema Hunnurkar, 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 Aditya Subhash Agarwal, being the Sole Executor named under the Will of the deceased.

Deceased Subhash Chand Roshanlal Agarwal alias Subhash Agarwal alias Subhashchand Roshanlal Agarwal alias Subhashchand Agarwal alias Subhash Chandra Agarwal alias Subhash C. Agarwal alias Subhas Agarwal alias Subhash Chandra Aggarwal alias Subhash Chandra Roshanlal Agarwal, said to have died at Mumbai on 14.05.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 14.08.2019. The said Will is in English language.

3. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased left his Mother, Widow, one son and one Daughter. 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 the delay in making the present Petition is on account of the facts that Petitioners were not aware about the procedure to obtain probate of 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. Petitioner's Oath is filed. Consent Affidavits of mother, widow, and married daughter, of the deceased as mentioned in para - 10 are on record. Affidavit of Pradeep Kumar Goyal, 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