Atul Suresh Orpe v. Sunita Dattatray Joshi (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th September, 2024 CALLED FOR DIRECTION:

38.TP/1458/2024 Mr. Y. C. Parikh, Adv. i/b. Sanjay Udeshi & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02207082023) with CHOL/293/2024 (ECHCBM02133252024) with WILL/563/2024 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 Atul Suresh Orpe being the sole Executor named under the Will of the deceased. Deceased Sunita Dattatray Joshi said to have died at Mumbai on 07.11.2021.

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. Mr. Parikh , Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 01.06.2016. The said Will is in English language.

3. Mr. Parikh , Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased.

Deceased had no children. Deceased had

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) one brother Suresh Sitaram Orpe predeceased the deceased leaving behind his wife, son and daughter. Exh. D and D1 are the copies of death certificates of husband and brother of the deceased. 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 sister in law, niece, of the deceased as mentioned in para 8 are on record. There is affidavit of service dated 23.08.2024 of citation by way of publication in newspapers for other legal heirs as mentioned in para 8. There is affidavit of service dated 09.08.2024 showing service upon Vinita Vilas Joshi, Padmaja Sridhar Deval and Mandar Sridhar Deval. Affidavits of Geeta Madhav Nadkarni and Vidya Abhay Jambekar, both the attesting witnesses to the Will are 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 04.09.2024