Prafullachnadra Vishnu Sangodkar v. Hira Dattatray Wagh Alias Hiraben Dattatray Wagh (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th August 2024.

CALLED FOR COMPLIANCE :

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34. TP/2040/2024 [Original] (ECHCBM02205192023) Ms. Arya Shirodkar i/b SSP Legal, 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 Prafullachandra Vishnu Sangodkar, being one of the Executors named under the Will of the deceased. Deceased Hira Dattatray Wagh alias Hiraben Dattatray Wagh, said to have died at Mumbai on 04.10.2022. 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. Ms. Shirodkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 09.08.2017. The said Will is in English language.

3. Ms. Shirodkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased pre-deceased the deceased on 06.02.1994. Exhibit "E" to the Petition is the copy of the death certificate of the husband of the deceased. The deceased had one daughter and two sons, out of them one son viz. Sumant Dattatray Wagh, also predeceased the deceased, died on 04/07/1993, leaving behind his legal heir and Exhibit "F" to

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Petition is a copy of Death Certificate of Son of the Deceased. The said Sumant Dattatray Wagh, had only one Son and had no Daughter and no other Son. The Sumant Dattatray Wagh, Son of the deceased predeceased the deceased and therefore his widow is not a legal heir of the Deceased as per the provision of section 15(1) (a) read with section 16- Rule-2 of Hindu Succession Act, 1956. The Deceased had no other Daughter and no other Son. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Mcghanad Dattatray Wagh has filed his Affidavit dated 09.12.2022 renouncing his right as Executor. Consent Affidavits of married daughter, son and grandson of the deceased as mentioned in para - 8 are on record. Affidavit of Sudhir Tatya Chodnekar, 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.

05.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master