Mukund Gangaram Samant v. Pushpa Dattatray Dabholkar Alias Pushpa D. Dabholkar

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th July, 2024 CALLED FOR DIRECTION:

57. TP/1334/2024 Mrs. Kalpana Shah, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02237342023) with WILL/471/2024 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 Mukund Gangaram Samant being the sole Executor named under the Will of the deceased. Deceased Pushpa Dattatray Dabholkar alias Pushpa D. Dabholkar said to have died at Mumbai on 06.03.2021. 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. Mrs. Shah, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered on 28.01.2021 at Palghar. The said Will is in Marathi language. The official English translation of the Will is on record.

3. Mrs. Shah, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased are predeceased the deceased. The deceased died as a Spinster. The deceased left Only Sister and left No Brother. That the only

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sister of deceased namely Sunita Ravindra Walawalkar, died on 03.05.2023 and she left One Son and Two Daughters. as Exhibit-"D"

to the petition is a copy of her death certificate. That the Husband of the said Sunita Ravindra Walawalkar namely Ravindra Anant Walawalkar, died on 09.07.2011. Exhibit-"E" to the petition is a copy of his death certificate. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of married niece, nephew and unmarried niece of the deceased as mentioned in para 8 are on record. Affidavit of Kunal Subhash Acharya, 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 26.07.2024