Manish Gajanan Surve v. Vaishali Govind Pawar (Maiden Name Sugandha Balkrishna Indulkar) (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

16. TP/1784/2024 Mr. Anand L. Tiwari, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02235532023) with WILL/651/2024 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 Manish Gajanan Surve being the sole Executor named under the Will of the deceased. Deceased Vaishali Govind Pawar (maiden name Sugandha Balkrishna Indulkar), said to have died at Mumbai on 24.09.2021. 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. Tiwari , Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 18.10.2019. The said Will is in Marathi language. The official English translation of the Will is on record.

3. Mr. Tiwari, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Deceased died as issueless. The Husband of the Deceased viz:

Govind Laxman Pawar died on 07-05-2018 and has Pre-deceased the Deceased. Exhibit

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) "E" to the petition is the true copy of Death Certificate of Govind Laxman Pawar along with marked as Exhibit-"El" its true translation. The Parents of the Husband of the Deceased Pre-deceased the Deceased.

The Husband of the deceased had one Brother and one Sister, out of them one Sister viz: Sundarabai Babaji Vichare also pre-deceased the deceased since long back and only one Brother who is mentioned in table is surviving. That the Husband of the deceased had no other Brother and no other Sister. 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 dated 16.10.2024 filed by sheriff office showing service of citation upon the non consenting brother in law of the deceased as mentioned in Para 9.

Affidavit of Chandrakant Krishnaji Desai, one of the attesting witnesses 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 22.10.2024