Indrajeet Vasant Tawde v. Anandi Vithal Mulik (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th August, 2024 CALLED FOR DIRECTION:

Mr. Praveer G Shetty, Adv. for the Petitioner. (ECHCBM02199302023) 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 Indrajeet Vasant Tawde, being the Executor named under the Will of the deceased. Deceased Anandi Vithal Mulik said to have died at Mumbai, on 04.06.2019. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Shetty, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 16.11.2016. The said Will is in English language.

3. Mr. Shetty, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. The Petitioner states that the said deceased had two (2) brothers and four (4) sisters. The two brothers of the deceased, pre-deceased the deceased and that of the four sisters, two sisters pre-deceased, the deceased as

Contd.. ../2mentioned hereinabove. The Petitioner further states that the deceased was a spinster. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the petitioner submits that The Petitioner states that there is a delay in filling the present Petition on account of the fact that the Petitioner was ignorant and unaware of obtaining the Grant of the Probate of the Last Will and Testament dated 16"h November, 2016, left by the Deceased abovenamed. Recently, upon seeking legal opinion, the Petitioner have been advised to obtain a Grant of Probate of the said Last Will and Testament of the Deceased from this Hon'ble Court. In view of the same, Now, the Petitioner is filing the present Petition for obtaining Grant of Probate of the Last Will dated 16th (ECHCBM02199302023 November, 2016, left by the Deceased abvenamed and therefore there is a delay which is not intentional and/or deliberate.

The Petitioner therefore prays that the delay in filing the present Petition may be kindly condoned in the interest of Justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent affidavit of Neeta Tukaram Ghone, sister of the deceased as mentioned in para 10 is on record. There is Affidavit of service filed by Sheriff's office dated 4th July 2024 showing service upon Asha Sawant non consenting legal heir of the deceased as mentioned in para 10. Affidavit of Rajesh Sawant, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

Contd.. ../35. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

(ECHCBM02199302023 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 30.08.2024