Shardadevi K Poddar v. Draupadidevi Baluram Poddar

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

CALLED FOR COMPLIANCE :

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

19. TP/1453/2024 [Original] (ECHCBM02027752024) Ms. Anushka Panchmatia i/b J. Sagar Assocs., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Shardadevi K. Poddar and Anubhav K. Poddar, being the Executrix/Executor named under the Will of the deceased. Deceased Mrs. Draupadidevi Baluram Poddar, wife of Late Mr. Baluram Poddar, said to have died at Mumbai on 16.09.2023. 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. Panchmatia, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.05.2022. The said Will is in English language.

3. Ms. Panchmatia, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents, husband and two sons of the deceased pre-deceased to the deceased.

Exhibit "C" to the Petition is the copy of the death certificate of the husband of the deceased. The deceased had no daughters. The Petitioner, Mrs. Shardadevi K. Poddar was first married to Mr. Kamalkant Poddar, who died issueless. Thereafter, the Petitioner Mrs.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Shardadevi K. Poddar married Mr. Kamal Kumar Poddar and had three daughters and one son. The said deceased had no lineal descendants of any predeceased issue. Save and except as mentioned in para - 6, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of three married grand daughters of the deceased as mentioned in para - 6 are on record. Affidavits of Dr. Pradeep R. Joshi, Ajaykumar Kamalia and Laxmi Niwas Dhoot, the attesting witnesses to the Will are 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