Vinay Dattatray Balse v. Shubhada Suresh Dattopadhye Alias Shubhada Suresh Vaidya (Deceased)

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 31st July, 2025 CALLED FOR HEARING :

TP/6117/2024 Mr. Brijesh R. Patil i/b. Nilesh Tirodkar, 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 Vinay Dattatray Balse being one of the Executors named under the Will of deceased. The deceased namely Shubhada Suresh Dattopadhye died at Mumbai on 22.05.2011. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.11.2009. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor namely Swapnil Dattopadhye. As per para No. 5 of the petition, his whereabouts are not known therefore, he deemed to have reserved his rights as an Executor. Hence, petitioner to amend the prayer clause of the petition forthwith. Reverification is dispensed with. In the Will, the present petitioner is appointed as an alternate executor.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by two sons who have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Hemant R. Kawale dated 09.05.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.01.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate prayed after verifying whether any cross petition is filed or whether any caveat is filed.

31.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR