Vikas Jolly Son Of Surindernath Jolly v. Surindernath Jolly Son Of Lala Jolly (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th April, 2025 CALLED FOR HEARING :
TP/5252/2024 (E-filing) Ms. Jyoti Badgujar a/w. Jayant Wani i/b. Mehta & Padamsey, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioner namely Vikas Jolly s/o. Surindernath Jolly being sole Executor named under the Will of deceased. The deceased namely Surindernath Jolly s/ o. Lala Jolly died at Hyderabad, Telangana on 05.05.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Hyderabad on 29.12.2016 and Codicil was duly executed at Hyderabad on 29.03.2022. The said Will and Codicil are in English language. The Page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. One son of deceased namely Sanjeev Jolly died on 24.04.2024, leaving behind his wife and one daughter. Deceased was survived by widow, one son, one daughter-in-law and one granddaughter. Out of them son is petitioner herein. Widow has been served with the citation by way of substituted service through Bailiff from the office of Sheriff, Mumbai and Affidavit dated 20.02.2025 is filed to that effect. Daughter-in-law and granddaughter have been served with the citation by way of substituted service through Bailiff from the office of Sheriff, Mumbai and another Affidavit dated 20.02.2025 is filed to that effect. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Chennamsetty Siva Kumar dated 09.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Sunil Patwari dated 09.10.2024 one of the Attesting Witness to the First Codicil is filed. Affidavit of Service of General Citation dated 02.12.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 30.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG