Bombay High CourtTP/5282/2024grant issued

Sheila Janardhan Kodikal v. Janardhan Venugopal Kodikal (Deceased)

2025-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ksa Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025.

CALLED FOR HEARING :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 24 TP/5282/2024 (AMH20240010106C2024 00005)with WILL/2110/2024 Mr Prashant Varkad i/b. Sweta Moghe, 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 Sheila Janardhan Kodikal the Sole Executrix named under the Will of the deceased. Deceased Janardhan Venugopal Kodikal, said to have died at Mumbai on 08.10.2014. 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. Prashant Varkad, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 29.01.2010. The said Will is in English language.

3. Mr. Prashant Varkad, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Parents of the deceased pre-deceased the Deceased. The Deceased left his wife, son and daughter. Save and except as mentioned herein above the said deceased had no other heirs or next of kin as mentioned in para - 9, 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 the legal heirs in para - 9 are on record. Affidavit of Rita Kapoor, 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.

06.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master