B. Ashok Shenoy v. Jayashree Jaywanth Kini

BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th February, 2025 CALLED FOR HEARING :

TP/1982/2024 WITH WILL/775/2024 Ms. Darshana Manjarekar i/b. One Point Legal Solutions, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioners. This petition is for Probate of last Will and Testament of deceased namely Jayashree Jaywanth Kini. The said deceased died at Mangaluru, Karnataka on 18.03.2022. Copy of death certificate of the deceased is hereto annexed and marked as Exhibit - "A1". Copy of the Aadhaar Card of the said deceased is hereto annexed and marked as Exhibit - "A2".

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mangaluru on 02.03.2022. The said Will is in English language and copy of the same is annexed to the petition at Exhibit - "B" and original is handed in separately for being filed and kept in safe place in the office of the Prothonotary and Senior Master of this Hon'ble Court.

3. Ld. Advocate for petitioners submits that petitioner is being brother-inlaw o deceased and sole Executor appointed under the last Will and Testament of deceased.

4. Ld. Advocate for petitioner submits that deceased left behind her legal heirs shown in the paragraph No. 12 of the petition, as per the provisions of the Hindu Succession Act, 1956. Parents of deceased predeceased .....2

- 2 - the deceased. Husband of deceased namely Jayawanth Narayan Kini predeceased the deceased who died on 19.02.2020. Deceased died issue-less. Deceased was survived by one sister namely Anita A. Shenoy. Consent Affidavit of Anita A. Shenoy dated dated 08.02.2024 is filled and she has given her consent in favour of the petitioner. Ld. Advocate for petitioner further submits that petitioner is not aware of existence of any legal heirs left by the deceased and petitioner had enquired with various friends and acquittance about them but none of them aware hence, they have taken out Chamber Order No. 558 of 2024 to serve the legal heirs of deceased by way of paper publication. The said Chamber Order was granted by order dated 10.12.2024 and petitioner was directed to publish the Citation in two newspapers viz.

"Free Press Journal" in English language and "Udayvani" in vernacular language i.e. Kannada on 04.01.2025 and accordingly, Affidavit of Service of Publication dated 06.01.2025 is filed through e-filing and the same is on record. Ld. Advocate for petitioner further submits that no Caveat or objection is filed in the present petition till date hence, the present petition may be proceeded ahead. All other legal formalities are complied with. The petitioner affirmed that there are no other legal heirs of the deceased other than mentioned in para No. 12 of the petition.

5. Ld. Advocate for petitioner further submits that as regards the properties mentioned in the Will and not shown in the schedule, description thereof is given in para No. 7 of the petition. Deceased left behind her the properties mentioned in Schedule I annexed to the petition after deducting the debts and liabilities shown in Schedule II annexed to the petition, are mentioned in para No. 7 of the petition and petitioner has paid the court fees accordingly.

6. Petitioner's oath is filed. Deceased left behind Will which is annexed to the petition at Exhibit - "B" is duly executed and witnessed by ......3

- 3 - two attesting Witnesses namely Shobha Prabhakaran and P. Prakash Shenoy and as per the provisions of Rule 374 of the Bombay High Court (Original Side) Rules, 1980, the Affidavit of Shobha Prabhakaran and P. Prakash Shenoy both dated 08.02.2024 being the Attesting Witnesses to the Will is filed and the same are on record.

It is to be further noted in para No. 5 of the Affidavit of Attesting Witness that deceased was of sound and disposing mind, memory and understanding and to be best of his belief made and published the will of his free Will and pleasure.

7. It is to be noted that deceased has specifically mentioned in the Will that "I do out of my own free and being in a sound disposing of mind make this my last Will and testament".

8. In the present petition, General Citation was issued on 26.04.2024 and Affidavit of Service of General Citation to that effect is filed on 29.05.2024. Administration Bond dated 26.07.2024 is filed. As per submission of Master (Admin) Notice to Collector is issued. All other legal formalities are complied with.

9. After perusal of the petition, Will and submission made by Advocate for petitioner, the petition deserves to be allowed, as prayed for. Hence, following order :

ORDER

1) Petition is allowed and probate be granted to the Petitioners herein having effect throughout the State of Maharashtra.

2) Before issuance of above said Probate, office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly. 14.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR