Harshad Pundalik Priolkar v. Meenakshi Gajanan Priolkar (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th August 2024.

CALLED FOR COMPLIANCE:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

18. TP/639/2024 [Original] (ECHCBM02155302023) with WILL/270/2024 Ms. Rajashri Nadiger, 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 Harshad Pundalik Priolkar, being the Sole Executor named under the Will of the deceased.

Deceased Meenakshi Gajanan Priolkar, said to have died at Mumbai on 31.12.2006. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, Petitioner has filed Affidavit dated 23.08.2023 annexing therewith copy of Bank Pass Book showing the name of the deceased.

2. Ms. Nadiger, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai, on 10.08.2000. The said Will is in English language.

3. Ms. Nadiger, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Husband and Husband's Parents and Parents of the Deceased Predeceased the Deceased. The Deceased died Issueless. The Deceased Husband had Only Four brothers and had no sister who predeceased the deceased. 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 Petitioner was not aware of legal formalities, and he is recently advised by his Advocate about the same hence there is delay in filing the present petition the delay so caused may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of daughter-in-law, two nephews, one niece, four married nieces and one grandson of the deceased as mentioned in para - 9 are on record. Affidavit of Bharat Mullerpattan, 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.

19.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master