Dharampalsingh Bhagwantsingh Bindra v. Bhagwantsingh Bindra

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th March, 2026 CALLED FOR HEARING :

TP/10/2026 (E-filing) WITH WILL/15/2026 Ms. Dhara Sangani, Advocate for petitioner PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Dharampalsingh Bhagwantsingh Bindra being Executor named under the Will of deceased. The deceased namely Bhagwantsingh Bindra died at Mumbai on 02.12.1995. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 24.11.2025 for non-availability of identification proof of deceased which is annexed to the petition. The same is accepted.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 29.03.1987. The said Will is in English language. The 2nd para of page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The Schedule I annexed to the petition mentioned one immovable property which is referred in the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One son of deceased namely Pritpal died leaving behind his widow and two sons. One daughter of deceased namely Harsimran died leaving behind her husband and two sons. Another daughter of deceased namely Harjeet Kaur died leaving behind her husband and one daughter. Deceased is survived by one son, one daughter, one daughter-in-law, four grandsons, one granddaughter. Out of them son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Petitioner has filed Affidavit dated 09.12.2025 stating therein that petitioner is not aware about the whereabouts of the original Attesting Witness to the Will, the names and address are mentioned in the Will. It is not stated in the said Affidavit whether the original Witnesses are available at the said addresses mentioned in the Will or not. Hence, Advocate to take steps accordingly.

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SLG -- 2 -- Petitioner has filed Affidavit of one John Abraham Thomas dated 24.11.2025 in compliance of Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 29.01.2026 is filed. Delay is explained and the same is condoned.

5. Liberty to move for listing the matter on compliance of requisition stated in Bold hereinabove.

25.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR