Grant of probate for the will of the deceased Renuka Ramesh Gandhi. Delay condoned as will was in bank locker. Petition granted and office directed to issue probate.
Probate granted.
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Corrected Order
ary
Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master
Date : 5th April, 2024.
CALLED FOR COMPLIANCE :
) Ms. Vinaya Vaman Supe, 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 Nailesh Mohanlal Kadakia, being ) the Sole Executor named under the Will of the ) deceased. Deceased Renuka Ramesh Gandhi, ) ) said to have died at Mumbai, on 10.10.2020. ) Copy of death certificate is annexed to the ) Petition. Identification proof of the deceased ) ) i.e. copy of Aadhar Card is annexed to the ) Petition. ) ) 2. Ms. Vinaya Vaman, Advocate for the ) ) Petitioner submits that deceased left behind ) her last Will and Testament which was duly ) executed at Mumbai on 30.06.2014. The said ) Will is in English language. ) ) ) 3. Ms. Vinaya Vaman, Advocate for the ) Petitioner submits that deceased was governed ) under the Hindu Succession Act 1956. It is ) ) submitted that the parents of the deceased ) predeceased the deceased. The husband of ) the deceased namely Ramesh Ambalal Gandhi ) died on 19.10.2020. "Exhibit – "C" to the ) ) Petition is the copy of death certificate of the ) husband of the deceased. The said deceased ) had two sons and had no daughter. Save and ) ) except as mentioned in para – 6, there are no ) other legal heirs left by the deceased. The Ld.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Advocate for the Petitioner submits that there is a delay in filing this Petition on account of the fact that the WILL was kept in the Bank Locker and remained there till the time of the death of the deceased. The Will was removed on 20.07.2023 under the order of this Hon'ble Court dated 27.06.2023 under Petition No. TP/2433/2022. Now the Petitioner has been recently advised to obtain such legal representation. Hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.
Addl. Registrar (O.S.) /
Addl. Prothonotary and Senior Master
05.04.2024
Nailesh Mohanlal Kadakia
Renuka Ramesh Gandhi
S. S. Agate
As recorded by the court registry
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