Deepak Madhukar Karandikar v. Ramkrishna Janardan Karandikar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th May, 2024.

CALLED FOR COMPLIANCE:

39. TP/410/2024 (ECHCBM02208022023) Ms. Sayali Pathak i/b Milind Shewale, 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 Deepak Madhukar Karandikar, being the Sole Executor named under the Will of the deceased. Deceased Ramkrishna Janardan Karandikar, said to have died at Devgad on 22.09.2015. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Ration Card and Bank Pass Book are annexed to the Petition.

2. Ms. Pathak, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered on 07.04.2001 and 09.04.2001 respectively. The said Will is in English language.

3. Ms. Pathak, 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 Deceased had no children.

The widow of the Deceased viz. Sudha Ramkrishna Karandikar pre-deceased the Deceased, died on 29.09.1999. A copy of the death certificate of Late Sudha Ramkrishna Karandikar is annexed hereto and marked as Exhibit "E" to the Petition. The brother of the Deceased viz. Madhukar Janardan Karandikar

also pre-deceased the Deceased, died on 22.11.2007. A copy of the death certificate of Late Madhukar Janardan Karandikar is annexed as Exhibit - F to the Petition. Therefore under Class II (II)(3) of the Schedule of the Hindu Succession Act 1956, the deceased survived by his brother vis. Yashwant Janardan Karandiakr as his only heir and legal representative. However, Yashwant Janardan Karandikar also died on 06.10.2019, survived by the three individuals as his only heirs and legal representatives under the Hindu Succession Act 1956. Late Yashwant Janardan Karandikar survived by no other heirs or legal representatives and copy of his death certificate as Exhibit - G to the Petition. 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 since the Petitioner was not aware about the requirement of law for the legal implications pertaining to the administration of the estate of the deceased hence no application was made till now for grant of Probate in respect of the property of the deceased mentioned in the Schedule - I.

The Petitioner therefore, prays that the delay in filing the present Petition may please be condoned.

Contd. ...2/- TP/410/2024 (ECHCBM02208022 023)

4. Petitioner's Oath is filed. Consent Affidavits of widow of deceased brother viz. Yashwant J. Karandikar, son and daughter of Yashwant J.

Karandikar, deceased brother of the deceased as mentioned in para - 9 are on record. Affidavit of Manish Amrut Masekar, 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.

Contd. ...3/- TP/410/2024 (ECHCBM02208022 023) 09.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master