Ritu Rajesh Sawant v. Hanumant Dattoo Khumbhar (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th July, 2024 CALLED FOR DIRECTION:

25. TP/242/2024 Mr. Kunal Jadhav, Adv. for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02083842023) with WILL/54/2024 P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Ritu Rajesh Sawant and Rajesh Vasant Sawant being both the Executors named under the Will of the deceased.

Deceased Hanumant Dattoo Khumbhar @ Hanmant Dattu Kumbhar said to have died at Shamgaon, Karad, District Satara on 27.11.2017. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Jadhav, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 07.04.2016. The said Will is in English language.

3. Mr. Jadhav, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The deceased has wife and One son. Save and except as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the Petitioner states that late Hanumant Dattoo Khumbhar @ Hanmant Dattu Kumbhar died on 27th day of November, 2017. There is delay of 6 years in filing the present Petition before this Hon'ble Court and the same is not intentional nor deliberate and the said delay deserves to be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of wife and son of the deceased as mentioned in para 9 are on record.

Affidavit of Mahendra Prajapati, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are 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 10.07.2024