Kishore Karadibhavi Rao v. Karadibhavi Venkata Nagaraja Rao

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

73. TP/2008/2024 Mr. Kishore More, Adv. i/b. Narayanan & Narayanan for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02025602024) with WILL/784/2024 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 Kishore Karadibhavi Rao being the sole surviving Executor named under the Will of the deceased. Deceased Karadibhavi Venkata Nagaraja Rao @ K.V. Nagraja Rao @ Rao Karadibhavi said to have died at Mumbai on 12.09.2002. Copy of Death Certificate is annexed to the Petition. Copy of Voter Id of the deceased as ID Proof is annexed to the petition.

2. Mr. More, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 04.06.1992. The said Will is in English language.

3. Mr. More, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the mother of the deceased predeceased the deceased. The deceased had no other sons or daughters. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner

submits that deceased died on 12th ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) September 2002. Hereto annexed and marked Exhibit "H" is the Affidavit affirmed by the Petitioner explaining the delay in filing the present Petition. In the circumstances, the Petitioner prays that delay, if any, in filing the present Petition be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other executors i.e. Smt. Karadibhavi Nagaraja Malathy Rao @ Smt. Karadibhavi Nagaraja Malthy Rao @ Smt. K.N. Malathy Rao and Mr. Guruprasad Karadibhavi Rao, expired at Mumbai on 7th December 2005 and 4th October 2010 respectively. Exhibits "D" and Exhibit "E" are true xerox copies of their Death Certificates. Affidavit of Ashok Krishnaji Sawant, 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