The Maharashtra Executor And Trustee Co Pvt Ltd v. Jogindersingh Karamsingh Saini(Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th March, 2025 CALLED FOR HEARING :
TP/2242/2024 Mr. Sagar G. Talekar, 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 The Maharashtra Executor and Trustee Co. Pvt. Ltd. being sole Executor named under the Will of deceased. Deceased namely Dr. Jogindersingh Saini alias Dr. Jogindersingh Karamsingh Saini said to have died at Navi Mumbai on 14.06.1994. Copy of death certificate is annexed to the petition. Ld. Advocate for petitioner has filed Affidavit of petitioner for dispensation of Identification proof of deceased dated 24.02.2025 which is filed separately through e-filing.
2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 24.02.1994. The said Will is in English language.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. First wife of deceased died on 18.12.1993. Second wife of deceased died in the year 1985. Deceased was survived by one son namely Avtarsingh Jogindersingh Saini (from first wife) and one married daughter namely Leena Bharat Kaushik (from second wife). Out of them married daughter has given her consent. Consent Affidavit is on record. Son of deceased namely Avtarsingh Jogindersingh Saini whereabouts are not known hence, Affidavit of Service of publication dated 13.01.2025 is filed. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Sudhir Vinayak Joshi dated 12.03.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.05.2024 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 is filed or whether any caveat is filed. 26.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR