B N Ramesh Alias Ramesh Nagarajan Bandlamuri v. B Dattamoorthy (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 04th February, 2025.

CALLED FOR HEARING:

9. TP/4873/2024 (AMH20230017046C202400003) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Gopal L. Dalvi, Advocate for 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 B. N. Ramesh @ Ramesh Nagarajan Bandlamuri S/o B. Nagarajan being the Sole Executor named under the Will of the deceased. Deceased B. Dattamoorthy son of B.

Ramamurthy, said to have died at Mumbai on 01.02.2015. 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. Mr. Dalvi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 07.06.2010. The said Will is in English language.

3. Mr. Dalvi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the wife of deceased died as widow on 22.08.2021. Exhibit - E is the copy of her death certificate. Deceased had no children. Deceased died as issueless. The parents of the deceased predeceased the deceased. Deceased brother's B. Sundaraman S/o Ramamurthy and B. Suresh S/o Ramamurthy died as a bachelor, predeceased the deceased. B. Nagarajan S/o Ramamurthy brother of deceased died on

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 19.12.2019. EXHIBIT- "F" Colly to the Petition are the copies of Death Certificates of the B. Suresh and B. Nagarajan respectively. Save and except as mentioned in para - 10, there are no other legal heirs 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 unaware of obtaining any legal representation. Now petitioner has been advised to obtain a legal representation, 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 nephew and niece of the deceased as mentioned in para - 9 are on record. Affidavit of Rajkumar Sadashiv Sawant, 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.

04.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master