Vibhav Ramrao Sanzgiri v. Dinanath Ganpatrao Wagle (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th September, 2024 CALLED FOR DIRECTION:

71. TP/1754/2024 Ms. Aazmin Bachana, Adv. i/b. Mulla & Mulla & CBC for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02223112023) with WILL/642/2024 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 Vibhav Ramrao Sanzgiri being one of the Executors named under the Will of the deceased. Deceased Dinanath Ganpatrao Wagle said to have died at Mumbai on 16.10.2022. 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. Ms. Bachana, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 24.06.2010. The said Will is in English language.

3. Ms. Bachana, 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 had 2 sisters and 2 brothers out of which one sister and two brothers, pre-deceased the deceased. One sister of the deceased.

viz. Mrs. Kunda Ramrao Sanzgiri, predeceased the deceased on 12th May, 2005.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Two brothers of the deceased Mr. Dattatraya Ganpatrao Wagle and Mr. Kashinath Ganpatrao, Wagle pre-deceased the deceased on 24th January, 2020 and 9th April, 1973, respectively. EXHIBITS "G", "H"

and " I" to the petition are copies of the Death Certificates of Mrs. Kunda Ramrao Sanzgiri, Mr. Dattatraya Ganpatrao Wagle and Mr. Kashinath Ganpatrao Wagle, respectively. 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. The other Executor has filed Affidavit Mr. A. C.

Shende, relinquishing / renouncing his rights as Executors. Consent Affidavits of brother and sister of the deceased as mentioned in para 9 are on record. Affidavit of Hemant Raghunath Powale, one of the attesting witness to the Will is 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 06.09.2024