Mrs. Pratima Mukesh Varvatkar v. Late Gangaram Raghoo Khidbide @ Gangaram Ragho Khidbide @ G R Khidbide
ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:
23. TP/1902/2024 Mr. Deepak Devkar, Adv. i/b. Ravindra Chile for Petitioners.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02023012023) with WILL/716/2024 P. C. :
1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Pratima Mukesh Varvatkar and Mukesh Gajanan Varvatkar, being the Executrix/ Executor named under the Will of the deceased. Deceased Gangaram Raghoo Khidbide @ Gangaram Ragho Khidbide @ G. R. Khidbide, said to have died at Raigad on 11.11.2019. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased attached to the Will as ID Proof is annexed to the petition.
2. Mr. Devkar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 06.03.2018. The said Will is in English language.
3. Mr. Devkar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. The Ld.
Adv. for the Petitioner submits that though in the petition it is not mentioned that mother of the deceased predeceased the
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased, mother is predeceased. Save and except as mentioned in para -7, 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 as the deceased died on 11.11.2019, were as initially the Petitioner was unaware about the Will and when it came to knowledge till that time nation wide lockdown due to Covid - 19 pandemic was announced. Later, on as petitioner is residing in Mumbai and all other heirs in different District took time to communicate with all other heirs and arranged Advocate of the said Process under the jurisdiction of the Hon'ble High Court of Bombay. Thus, the delay is explained.
4. Petitioner's Oath is filed. Consent Affidavits of wife, three daughters and two sons of the deceased as mentioned in para 7 are on record. Affidavits of Mangesh Gangaram Khidbide s/o. Gangaram Raghoo Khidbide and Dinesh Ramchandra Kolte S/o. Ramchandra Kolte, both the attesting witnesses to the Will are 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.
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 24.10.2024