Girish Purshottam Nadkarni v. Rajni Vinayak Nadkarni (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd July, 2025 CALLED FOR COMPLIANCE :
TP/1384/2025 (E-filing) Mr. Anil Bagwe, Advocate for petitioners PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Girish Purshottam Nadkarni being one of the Executors named under the Will of deceased. The deceased namely Rajni Vinayak Nadkarni died at Mumbai on 16.08.2013. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 08.09.2009. The said Will is in Marathi language and translation thereof is filed by Advocate for petitioner and Affidavit date 11.12.2024 stating therein that true and correct translation of the Will. The Para No. 10 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Padmakar Vitthal Nadkarni died on 13.12.2017 as stated in para No. 4 of the petition.
3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased died issue-less. Deceased had no brother and sister. Husband of deceased had no brother and sister. Deceased has left no legal heirs as stated in para No. 8 of petition. Ld. Advocate for petitioner states that petitioner is nephew of husband of deceased (son of cousin brother of husband of deceased). There are no other legal heirs.
4. Petitioner's oath is filed. Joint Affidavit of Gajanan Vithal Deshpande and Hemant Babaji Devlekar dated 02.12.2024 both the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 02.05.2025 is filed through Bailiff from the office of Sheriff, Mumbai. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 02.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG