Hemkant Ramkrishna Mhatre v. Sulabha Ramkrishna Mhatre(Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th September, 2024 CALLED FOR DIRECTION:

58. TP/2197/2024 Mr. Jayesh R. More, Adv. i/b. Gurudas Vijay Takke for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] with WILL/961/2024 P. C. :

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Certified Copy of Last Will and Codicil Testament of the deceased filed by the Petitioner Hemkant Ramkrishna Mhatre being the sole Executor named under the Will of the deceased. Deceased Sulabha Ramkrishna Mhatre said to have died at Mumbai on 23.03.2016. Copy of Death Certificate is annexed to the Petition. Copy of Voter ID of the deceased as ID Proof is annexed to the petition.

2. Mr. More, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 23.04.1979. The Codicil was executed on 23.09.1999. The said Will and Codicil are in Marathi language. Official translation of the Will and Codicil are on record.

3. Mr. More, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased.

Parents of husband of the deceased also predeceased the deceased. Save and except

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) as mentioned in para -11, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the petitioner submits that though the deceased died on 23.02.2016 petition for the Will of the decesed was not filed within the stipulated time as the petitioner was under bonafide belief that the estate of the deceased can be distributed amongst the heirs as per the provisions of the Will, without the production of the Probate. Therefore, there occurred some delay in filing the present petition, which is not intentional. The delay so occurred due to the said bonafide reasons and the petitioner therefore prays that the delay in filing the present petition be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para 11 are on record. There is affidavit dated 12.06.2024 of service filed by the Sheriff office showing service upon Vasuda Mhatre, non consenting married daughter of the deceased. Affidavit of Vikas Ramkrishna Mhatre, one of the attesting witness to the Will and Codicil are filed.

Affidavit of service of General Citation is filed. 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 20.09.2024