Diwakar Laxman Gondane v. Laxman Zebaji Gondane (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 02nd September 2024.

CALLED FOR COMPLIANCE :

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28. TP/298/2024 [Original] (ECHCBM02181332023) with WILL/98/2024 Mr. Mahmood Ali i/b Waquar Ahmad, 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 Joint Will and Testament of the deceased filed by the Petitioner Diwakar Laxman Gondane, being the Sole Executor named under the Will of the deceased.

Deceased No. 1 - Laxman Zebaji Gondane, said to have died at Bellora, Amravati on 17.08.2008 and Deceased No. 2 - Bhagirathi Laxman Gondane said to have died at Bellora, Amravati on 15.11.2007 respectively. Copy of their death certificate are annexed to the Petition. For identification proof of both the deceased, copy of Voter ID are annexed to the Petition.

2. Mr. Mahmood Ali, Advocate for the Petitioner submits that both the deceased left behind him last Joint Will and Testament which was duly executed at Mumbai, on 07.10.2006. The said Will is in Marathi language and official English translation of the said Will is filed.

3. Mr. Mahmood Ali, 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 wife of the deceased died on 14.11.2007. The son

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Damodar Laxman Gondane died issuless. The said deceased had three sons and three daughters Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in making present Petition is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representation earlier. Now Petitioner has been advice to obtain a legal representation for the purpose of administration and distribution of the properties left by the deceased. Hence this Hon'ble court in the interest of justice may condone the delay in filing present Petition. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of one son and three daughters of the deceased as mentioned in para - 9 are on record. Affidavit of Sunil Vasudev Redkar, 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.

02.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master