Kishori Ulhas Sinnarkar v. Dattaram Sitaram Khanolkar

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

Ms. Heena Jain i/b MG Legal, Advocate for the Petitioner.

14. TP/1381/2024 [Original] (ECHCBM02168202023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Double Probate of Last Will and Testament of the deceased filed by the Petitioner Kishori Ulhas Sinnarkar, being one of the Executrix named under the Will of the deceased. Deceased Dattaram Sitarm Khanolkar, said to have died at Mumbai on 03.01.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Jain, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 06.03.2010 and 23.03.2010 respectively. The said Will is in English language.

3. Ms. Jain, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the wife and daughter of the deceased predeceased the deceased. Exh. - I and H are the copies of their death certificates. Save and except as mentioned in para - 10, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. On 26.10.2018, the Executor Bharati Uday Patil has obtained the Probate of the Will in Testamentary

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petition No.902 of 2018. The Ld. Advocate for the Petitioner submits that since, the Probate by the Executor, Bharati Uday Patil is already obtained, the Advocate may be permitted to delete the averment of reserving right of other Executor in para - 6 and prayer clause within four days from the date of uploading of the order. Re-verification is dispensed with. Consent Affidavits of three daughters, one son and one grandson of the deceased as mentioned in para - 10 are on record. There is Affidavit of Sheriff's office dated 21.06.2024 for service of citation upon non-consenting legal heir, Suhas Dattaram Khanolkar.

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.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master