Subhashchandra Moreshwar Nagaonkar v. Sunil Bajirao Shinde (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd April, 2024.

CALLED FOR COMPLIANCE:

74. TP/496/2024 (ECHCBM02170742023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Vinsha S. Acharya, 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 Subhashchandra Moreshwar Nagaonkar, being the Sole Executor named under the Will of the deceased. Deceased Sunil Bajirao Shinde, said to have died at Mumbai, on 31.10.2018. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Ms. Acharya, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 27.09.2018. The said Will is in English language.

3. Ms. Acharya, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and brother of the deceased predeceased the deceased. Exhibit - D1, D2 and D3 to the Petition are the death certificates of the parents and brother of the deceased. The deceased was also unmarried and has no legal heirs of his own. 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 filing the present petition, if any, was on account of the facts that the Petitioner had not received the Death Certificate from the office of the concerned Competent Authority and is also a senior citizen. Now that the Petitioner has received all the required documents and has filed the same to obtain a legal representation, in the interests of justice, this Hon'ble Court may be pleased to condone the said delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of one maternal Uncle and three maternal aunts of the deceased mentioned in para - 9 are on record. Affidavits of Asha Surekh Shirke and Lata Anil Naidu, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 22.04.2024