Satish Jairam Karmaran v. Rahibai Abhiman Pawar (Decceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th October, 2024 CALLED FOR DIRECTION:

18. TP/1215/2024 Mr. Waquar Ahmad, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02173262023) with WILL/436/2024 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 Satish Jairam Karmaran being the sole Executor named under the Will of the deceased. Deceased Rahibai Abhiman Pawar said to have died at Solapur on 02.07.2020. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Ahmad, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 14.03.2020. The said Will is in English language.

3. Mr. Ahmad, 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 deceased died issueless. Deceased husband had one brother and no sister. The brother of the deceased died on 17.11.2021. The deceased husband's brother Sukhdev Bhimrao Pawar

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) had one son and had no daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay in making present Petition is on account of the fact that the Petitioner was ignorant and unaware of obtaining any legal representation. Now Petitioner has been adviced to obtain a legal representation. Hence this Hon'ble Court in the interest of Justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of nephew of the deceased as mentioned in para 8 is on record. Affidavit of Rakesh Bansilal Kanojia, 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.

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 09.10.2024