Gauri Dattaprasad Joshi v. Yashwant Dattatraya Joshi (Deceases)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th April, 2024.

CALLED FOR COMPLIANCE:

64. TP/341/2024 (ECHCBM02189042023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Uttam Rane i/b Chintan Yogesh Shah, 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 Petitioner Gauri Dattaprasad Joshi, being the Sole Executor named under the Will of the deceased. Deceased Yashwant Dattatraya Joshi, said to have died at Mumbai on 25.08.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Mr. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 08.12.2022. The said Will is in English language.

3. Mr. Rane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased died as Bachelor. The Parents of the deceased are predeceased to the deceased. The deceased had two brothers namely (1) Keshav Dattatraya Joshi who died on 29.10.2018, predeceased to the deceased and (2) Vasant Dattatraya Joshi who died on 28.01.1994, predeceased to the deceased.

Exhibit "E" to the Petition is the copy of death certificate of Keshav Dattatraya Joshi. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased had three sisters namely (1) Tara Dattatraya Joshi who died on 01.06.2002 as Spinster, (2) Leela Dattatray Joshi who died on 03.05.2022 as Spinster and (3) Vijaya Dattatray Joshi alias Vijaya Hemchandra Purandare who died on 02.03.2003. Exhibit "F" to the Petition is the copy of the death certificate of the Leela Dattatray Joshi. The petitioner has not in possession of the death certificates of the rest of the brother and sisters as they died long back. The Petition will satisfy to the Hon'ble Court if required on the said issue as and when required. The deceased had no other brother and no other sister. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavits of Nitin Somnath Sanap and Suraj Sudhakar Mulam, 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.

29.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master