Chintamani Janardan Bhide v. Vijaya Vinayak Bhide (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2025.

CALLED FOR HEARING :

8. TP/285/2024 (ECHCBM02051442023) with WILL/89/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sanjay Gawde i/b Jayesh 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 Chintamani Janardan Bhide being one of the Executor named under the Will of the deceased. Deceased Vijaya Vinayak Bhide, said to have died at Mumbai on 06.09.2017.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Gawde, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 04.09.2017. The said Will is in Marathi language and office English translation of the said Will is filed.

3. Mr. Gawde, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the father of the deceased has predeceased the deceased. The husband of the deceased died on 13.02.2006. Exhibit "E" to the Petition is the copy of death certificate of Vinayak Janardan Bhide, husband of the deceased. The deceased has no daughter. The said deceased has one adopted son, viz., Aditya Vinayak Bhide. Exhibit "F" and Exhibit - "G" to the are

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the copies of Adoption Deed and the order dated 28th April, 1997 passed by the Hon'ble Principal Judge, City Civil Court, Mumbai, respectively. The deceased has no other son.

Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware about legal proceedings to apply for probate to the property and credits of the deceased. The Petitioner further states that he recently being advised for the same, therefore, there is delay in filing present Petition and the same may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The remaining Executor, Jayant Raghunath Divekar has filed his Affidavit dated 02.02.2023 renouncing his right as Executor. Consent Affidavit of adopted son of the deceased as mentioned in para - 8 is on record. Affidavits of Sharad Mahadeo Divekar and Minal Alhad Joshi, 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.

07.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master