Amol Ashok Padhye v. Sudha Madhusudan Joshi Deceased

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

CALLED FOR COMPLIANCE:

74. TP/384/2024 (ECHCBM02217792023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Yohan Mehta i/b Divekar Bhagwat, Advocate for the Petitioners.

P.C.:

1. 1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Amol Ashok Padhye and Mandar Madhav Gadgil, being the Executors named under the Will of the deceased. Deceased Sudha Madhusudan Joshi, said to have died at Mumbai on 08.08.2023. 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. Mehta, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.05.2022. The said Will is in English language.

3. Mr. Mehta, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased namely Madhusudan Keshav Joshi predeceased the Deceased on 27th October 2016. Exhibit - D to the Petition is the copy of his death certificate. The Deceased and her husband did not have any children. The mother and father of the Deceased have predeceased the Deceased. The mother and father ofMadhusudan Keshav Joshi have also predeceased the Deceased. The said

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Madhusudan Keshav Joshi had two brothers and five sisters, out of whom his one brother namely Dattatray Keshav Joshi has died on 19th June 2020 and his two sisters Sulabha Yashvant Patankar nee Durga Keshav Joshi and Kamal Achyut Gokhale nee Kamal Keshav Joshi have died on 23rd November 2012 and 6th November 2021, respectively. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed.

Consent Affidavits of three sister-in-laws and one brother-in-law of the deceased as mentioned in para - 8 are on record. Affidavit of Gautam Vishwas Bhagwat, 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.

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