Prabhat Chandraprakash Ruia vs. Dipak Chandraprakash Ruia @ Deepak Kumar Ruiya (Deceased)

BEFORE : MRS. C. J. BHATT, COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 21st DECEMBER, 2022

CALLED FOR COMPLIANCE :

31 TP/241/2022 WITH WILL/98/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. D. R. Mishra, Advocate for petitioner. P.C.: 1. Perused petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner being sole Executor named under the Will of deceased. Deceased said to have died at Mumbai on 11.12.2012. Copy of death certificate is annexed to the petition. As no identification proof is available. Petitioner has filed Affidavit dated 19.07.2022 providing documentary proof. The same is accepted. 2. Mr. Mishra, Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 06.01.2011. The said Will is in English language. 3. Mr. Mishra, Advocate for petitioner further submits that parents of deceased predeceased the deceased. Deceased left no daughter and was survived by widow and one son, whose where abouts are not known hence, Affidavit of Service of publication filed on 27.07.2022 filed as per order dated 07.06.2022. No objection has come forward. There are no other legal heirs. 4. Petitioner's oath is filed. Affidavit of Prabhat Chandraprakash Ruia third party is filed as that of Attesting Witnesses as both the Attesting Witnesses have expired. Death Certificate of Poonam Prabhat Ruia and Mona Shyam Bhatia both the Attesting Witnesses are annexed at Exhibit- 'D' and 'E' to the petition. ……...2

Ajay

CONTD.

31 TP/241/2022 WITH WILL/98/2022 ) ) ) ) ) ) ) ) ) ) ) Advocate for petitioner requests to accept the said Affidavit of Prakash Ruia as that of Attesting Witness as per Rule 384 of Bombay High Court, Original Side Rules. The same is accepted. Affidavit of Service of General Citation is filed. Delay is explained. 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.

21.12.2022 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR