Santosh Pralhad Khopade v. Chandra Alias Shaila Babu Kadam (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th September 2024.

CALLED FOR COMPLIANCE:

21. TP/1407/2024 [Original] (ECHCBM02142852023) with WILL/518/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. C. G. Bafna, 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 Santosh Pralhad Khopade S/o. Pralhad Khopade, being one of the Executors named under the Will of the deceased. Deceased Chandra Alias Shaila Babu Kadam, said to have died at Mumbai on 07.06.2022. 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. Mr. Bafna, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 08.03.2021. The said Will is in Marathi language and official English translation of the said Will is filed.

3. Mr. Bafna, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said deceased at the time of her death was widow, her husband Late. Babu Sitaram Kadam, died on 04.10.1989 and Exhibit-C is a true copy of the Death Certificate of the deceased. The Deceased persons do not have any issues. Save and except as mentioned in para - 2, there are no other legal heirs or next of kin left by the deceased.

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4. Petitioner's Oath is filed. The remaining Executors, Neeta Robert Godinho and Sudhir Sahadev Upadhyay, have renounced their right by filing Affidavit both dated 23.07.2023. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause mentioning the renouncing right of remaining Executors within three days from the date of uploading of the order. Consent Affidavits of niece and nephew of the deceased as mentioned in para - 2 are on record. Affidavits of Dhanashree Dhananjay Sawardekar and Robert E.

Godinho, 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master