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Bombay High CourtTP/1386/2024grant issued

Swati Milind Pradhan v. Snehalata Madhusudan Dalvi Alias Snehalata M. Dalvi Alias Snehalata Dalvi

2024-06-25Shri. S. B. Bhansali (Prothonotary Senior Master))3 pages

BEFORE : SHRI S. S. AGATE Addl. Registrar (O. S.) / Addl.

Prothonotary and Senior Master DATE: 25th JANUARY, 2024 CALLED FOR COMPLIANCE :

Ms. Jyoti Badgujar i/b. Mr. S. U. Lakdawala, Advocate for the petitioner.

P.C.:

1. Perused Petition which is filed on-line. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Swati Milind Pradhan, being the sole Executrix named under the Will of the deceased. Deceased Snehalata Madhusudan Dalvi alias Snehalata M. Dalvi alias Snehalata Dalvi, said to have died at Haveli, Pune on 15.04.2001. Copy of Death Certificate is annexed to the Petition. For Identification proof of the deceased, the petitioner has filed Affidavit dated 03.10.2023 stating that ID proof of the deceased is not available with the petitioner.

2. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Haveli, Pune on 26.03.1999. The said Will is in Marathi language and official English Translation of the said Will is on record.

3. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased husband Mr. Madhusudan Hari Dalvi died on 09-07-1974, he pre-deceased the said Deceased. The said Deceased had one Son and four Daughters, the said Son a) Mr. Shivanand Madhusudan Dalvi died on 13-01-2022. Exhibit 'E' ....2

CONTD.

- 2 - to the petition is Photocopy of the Death certificate, he died as Widower and Issuless (B) Mrs. Shubhangi alias Pushpa Sadashiv Tudekar died on 28-8-1990. Exhibit 'F' to the petition is Photocopy of the Death certificate she died leaving behind 1 Son and 1 Daughter (iii) Mrs. Aruna Prabhakar Gavankar died on: 30-09-2014. Exhibit 'G' to the petition is Photocopy of the Death certificate she died leaving behind 1 Son and 3 Daughters, the said Son (iii) (a) Mr. Subhash Prabhakar Gawankar died on: 10-07-2022. Exhibit 'H' to the petition is Photocopy of the Death certificate. His wife Mrs. Sampada Subhash Gawankar died on 21-03-2021 he died as Issuless. (iv) Mrs. Suman Sampat Sonavane died on 18-03-2013.

Exhibit 'I' to the petition is Photocopy of the Death certificate she died leaving behind one Son and one Daughter, the said Son (a) Mr. Ritesh Sampat Sonavane died on 05-11-2017. Exhibit ' J' is Photocopy of the Death certificate he died leaving behind Widow and 2 sons. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased. Advocate for the petitioner submits that the delay, in filing the present petition is on account of the fact that Petitioner was Ignorant and unaware of obtaining any legal representation. Recently she has been advised to obtain the same hence, delay in filing the petition be condone in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of one married daughter, one grandson, four grand daughters, one grand-daughter-in-law and two great grand sons of the deceased as mentioned in para 8 of the petition are on record. Affidavit of Milind Suresh Pradhan, one of the attesting witness ....3

- 3 - CONTD.

to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed on-line. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

25.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master