Prashant Ramkrishna Kulkarni v. Uma Nagesh Argekar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th February, 2024.

CALLED FOR COMPLIANCE:

40. TP/12/2024 [Original] (ECHCBM02202332023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Nandkishor Supal i/b Divya Shah Assocs., Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioner Prashant Ramkrishna Kulkarni, being the Sole Executor named under the Will of the deceased. Deceased Uma Nagesh Argekar, said to have died at Mumbai on 02.04.2023. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Mr. Supal, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 19.01.2023. The said Will is in English language.

3. Mr. Supal, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The Deceased died as spinster and has no male or female issue of her own nor had she adopted any child, during her life time. No other heirs are left by the deceased. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. It is further submitted that The deceased was adopted by Nagesh Ganpat Argekar and Rukmini

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Nagesh Argekar when she was around 4 (four) years old from her biological parents namely Narsingrao Kini and Nagaveni N.

Kini. Accordingly, the name of the deceased was changed in all government records as "Uma Nagesh Argekar". Exhibit - D to the Petition is a true copy of the Leaving Certificate dated 4th February, 1960.

Adoptive parents of the deceased viz. Nagesh Ganpat Argekar and Rukmini Nagesh Argekar, pre-deceased the deceased and date of the demise of the adoptive parents of the deceased is not known to the Petitioner. The deceased was the only legal heir of her predeceased adoptive parents. The adoptive father of the deceased viz. Nagesh Ganpat Argekar was the only child of his parents, hence he died leaving behind no other person as Class II heir, as per the provisions of the Section 8 of the Hindu Succession Act, 1956. Similarly, the adoptive mother of the deceased viz. Rukmini Nagesh Argekar was also the only child of her parents, hence she died leaving behind no other person as her heir, as per the provision of section 16 of the Hindu Succession Act, 1956.

4. Petitioner's Oath is filed. Affidavit of Nishita Argekar, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. 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 26.02.2024