Smitha Karunakaran Wife Of Karunakaran Mohanasundaram v. Visweswar Ramaswamy Iyer (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2025.

CALLED FOR HEARING :

17. TP/4859/2024 (AMH20240129954C202400034) with WILL/1930/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., Advocate for Petitioners.

P.C.:

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 Smitha Karunakaran wife of Karunakaran Mohanasundaram and Sandhya Seshadri Iyer being the Executrices named under the Will of the deceased. Deceased Visweswar Ramaswamy Iyer alias Visweswar R. Iyer alias Visweswar Iyer, said to have died at Mumbai on 19.03.2015. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 22.06.2013. The said Will is in English.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased died leaving behind his one Son and three Daughters. The mother of the Deceased Mrs. Seethalaxmi Ramaswamy Iyer expired on 09-08-1987. The wife of the said Deceased Mrs. Suguna Visweswar Iyer died on 11-11-2014. Exhibit "D" is a Photocopy of the Death Certificate both pre-deceased the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. 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 filing the present Petition is on account of the fact that Petitioners were Ignorant and unaware of obtaining any legal representation recently they have been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. The remaining Executors, Mrs. Nalini Krishnan wife of Krishnan Ramachandranand (ii) Mr. Kannan Visweswar Iyer have filed their Affidavits both dated 12.09.2024 reserving their right as Executors. Consent Affidavits of married daughter and son of the deceased as mentioned in para - 8 are on record. Affidavit of Vikas Vinayak Patnekar, one 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.

07.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master