Bombay High Court
Shashi Tilakraj Magan And Anr vs Parkash Baldev Raj Chopra (Deceased) on 17 November, 2021
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
JITENDRA by JITENDRA
SHANKAR
SHANKAR NIJASURE
NIJASURE Date: 2021.11.18
18:29:59 +0530
9-tp-3132-2019.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO.3132 OF 2019
Shashi Tilakraj Magan & Anr. ...Petitioners
Versus
Parkash Baldev Raj Chopra ...Deceased
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Sushil A. Inmadar i/b. A.B. Shrikhande for the Petitioners.
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CORAM : R.I. CHAGLA J
DATE : 17 NOVEMBER 2021
ORDER :
1. Heard learned Advocate appearing for the Petitioners.
2. By this Petition, the Petitioners are seeking grant of Letters of Administration with Will annexed. The heirs and next-of-kin's of the deceased have been mentioned in paragraph 9 of the Petition. The consent Affdavits have been fled by the heirs and next-of-kin's of the deceased giving their full and free consent in the Petitioner being granted the Letters 1/3 9-tp-3132-2019.doc of Administration with Will. One of the heirs Mr. Ravi Baldev Raj Chopra died on 12th November, 2014 and his heirs who have been mentioned in paragraph 9 of the Petition at Sr.No.2a to 2d have also fled their consent Affdavits giving full and free consent for Letters of Administration with Will annexed to be granted to the Petitioner.
3. Both the attesting witnesses of the Will of the deceased have expired and the son Mr. Sangeet Hemant Kumar of the deceased attesting witness Dr Hemant Kumar has fled Affdavit dated 24th August, 2021 which is duly notarised. The deponent has further identifed the signature of the Dr Hemant Kumar on the relevant page of the Will dated 5th February, 1996. He has also confrmed that his deceased father Hemant Kumar had subscribed and written at the foot of the said testamentary paper on the last page of the said Will in ink i.e. "Dr. Hemant Kumar, MRCP (London), Lilavati Hospital, Bandra (W), Bombay 400 054" below the said signature in English language. This writing is in the proper handwriting of Dr. Hemant Kumar.
4. In view of the averments in the said Affdavit dated 2/3 9-tp-3132-2019.doc 24th August, 2021, the said Affdavit of third party is accepted. The department is directed to process the Testamentary Petition for grant of Letters of Administration with Will as uncontested Petition in view of the heirs of the deceased having given their consent Affdavits given full and free consent for the Letters of Administration with will to be granted to the Petitioner.
[R.I. CHAGLA J.] 3/3