Sunil Tanaji Arole v. Tarabai Janardan Karlekar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th April, 2024.

CALLED FOR COMPLIANCE:

75. TP/177/2024 (ECHCBM02151932023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rita K. Joshi, Advocate for the Petitioner. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Sunil Tanaji Arole being the Sole Executor named under the Will of the deceased. Deceased Tarabai Janardan (alias Janardhan) Karlekar, said to have died at Mumbai on 22.06.2023. Copy of death certificate is annexed to the Petition.

Identification proof of the deceased i.e. copy of Aadhaar Card is annexed to the Petition.

2. Ms. Joshi, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 21.12.2020 and 22.12.2020 respectivley. The said Will is in English language.

3. Ms. Joshi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the That the said deceased married Janardhan (alias Janardan) Masanaji Karlekar in his third marriage which was in accordance with Hindu Marriage Act, 1955 and hence the provisions of Hindu Marriage Act are applicable to the said deceased. The said deceased had no son/daughter out of the said marriage with Janardhan (alias Janardan) Masanaji Karlekar. The said Janardhan (alias

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Janardan) Masanaji Karlekar died intestate on 20th August, 2020 and he was the only legal heir of the said deceased as Hindu Succession Act, 1956 who predeceased the said deceased.

The said deceased left no legal heir except the Petitioner being the nephew (brother's son) as per Class - II (IV) ( 1) of the Schedule of Hindu Succession Act, 1956. Exhibit - "C" is a true copy of the Death Certificate of Janardhan (alias Janardan) Masanaji Karlekar. Exhibit - "D" is a true copy of Aadhar Card of Janardhan (alias Janardan) Masanaji Karlekar. Save and except mentioned hereinabove the said deceased left no other legal heirs in Class - I and Class - II except the Petitioner herein being the nephew (brother's son) as per Class - II (IV) (1) of the Schedule of Hindu Succession Act, 1956 as mentioned in para - 2 and 14 respectively.

4. Petitioner's Oath is filed. Affidavits of Govind Ashru Ughade and Chetan Subhash Palande, both the attesting witnesses to the Will are 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.

25.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master