Madhura Apurva Nayak Nee, Madhura Sainath Tendulkar v. Sainath Vitthal Tendulkar

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th August 2024.

CALLED FOR COMPLIANCE :

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18. TP/2002/2024 [Original] (ECHCBM02172292023) with WILL/783/2024 Mr. Prasad Batavia i/b Batavia Legal, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Joint Will and Testament of the deceased filed by the Petitioner Madhura Apurva Nayak nee, Madhura Sainath Tendulkar being the Sole Executor named under the Will of the deceased. Deceased No.1 Sainath Vithal Tendulkar, said to have died at Sanpada, Navi Mumbai, on 13.02.2019 and Deceased No. 2, Surekha Sainath Tendulkar, said to have died at Airoli, Navi Mumbai, on 13.02.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased No. 1 and 2, copies of Aadhaar Card are annexed to the Petition.

2. Mr. Batavia, Advocate for the Petitioner submits that deceased left behind their last Joint Will and Testament which was duly executed at Mumbai, on 15.03.2018. The said Will is in English language.

3. Mr. Batavia, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of' the said Deceased No. 1 and Deceased No. 2 pre-deceased the said Deceased No. 1 and Deceased No. 2, respectively. The daughter of the Deceased No. 1 and Deceased No. 2 viz. Aparna Vishal

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Maske passed away on 30.08.2023 leaving Mr.

Vishal Maske (husband) and Master Rajev Vishal Maske (son) as her only legal heirs. The Deceased No. 1 and Deceased No. 2 have no other legal heirs. Save and except as mentioned in para - 10, there are no other legal heirs or next of kins left by the deceased Nos. 1 and 2. The Ld. Advocate for the Petitioner submits that the delay is on account of the fact that the Petitioner was ignorant and unaware of obtaining any legal representation. Now the Petitioner has been recently advised to obtain a legal representation. Hence this Hon'ble Court in the interest of Justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. There is Affidavit of service dated 04.07.2024 filed by Sheriff's office for service upon non-consenting legal heirs annexing therewith the packets returned as 'Unclaimed'. The Ld. Advocate for the Petitioner submits that Unclaimed is a good service and relied upon the Judgement (2003) 4 MAHLR 148 passed by the Hon'ble Shri Justice R. M. S. Khandeparkar on 27.02.2003 in Writ Petition No. 6675 of 2002. Affidavit of Girish Parshuram Wagale, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

12.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master