Hrishikesh Bapuji Hindlekar v. Kishor Sitaram Hindalekar

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

22. TP/1734/2024 Mr. Sanket Kadam, Adv. i/b. Akshay Arun Deshmukh for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02214962023) with WILL/636/2024 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 Hrishikesh Bapuji Hindlekar being the sole Executor named under the Will of the deceased. Deceased Kishor Sitaram Hindalekar alias Kishor S.

Hindalekar, said to have died at Mumbai on 21.09.2022. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Kadam, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.08.2020. The said Will is in English language.

3. Mr. Kadam, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. the deceased died as a bachelor. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

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

4. Petitioner's Oath is filed. There is affidavit of service 13.08.2024 filed by sheriff office showing service upon Bhushan Hindlekar and Bharati Hindlekar. There is further affidavit of service filed by the sheriff office dated 13.08.2024 where the packets address to Milind Hindlekar, Usha Nikam and Laxmi Salunkhe returned unclaimed. The Ld. Adv. for the Petitioner submits that unclaimed is a good service pursuant to the judgment passed by the Hon'ble Apex Court in Priyanka Kumari Vs.

Shailendra Kumar dated 13.10.2023 Transfer Petition No. 2090 of 2019.

Affidavits of Krantikumar Vijay Shirke and Bharti Bapuji Hindlekar, 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 24.10.2024