Shivaji Shankar Patil v. Nirmala Shrirang Lingayat (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th October, 2024 CALLED FOR DIRECTION:

Ms. Nikita D. Shelar, Adv. for Petitioners.

(ECHCBM02228482023) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Mr. Shivaji Shankar Patil and Sharda Shiv Aji Patil being the sole Executor / Executrix named under the Will of the deceased. Deceased Nirmala Shrirang Lingayat, said to have died at Mumbai on 10.05.2020. 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. Shelar, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.01.2017. The said Will is in English language.

3. Ms. Shelar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and husband of the deceased predeceased the deceased.

Exhibit D is the Copy of the Death Certificate of Mr. Shrirang Anant Lingayat.

The said deceased died leaving behind only one son. Save and except as mentioned in

Contd.. ..2/- para -8, there are no other legal heirs and next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that the Petitioners states that there is a delay in filling the present Petition on account of the fact that the Petitioners were ignorant and unaware of obtaining Grant of the Probate of the Last Will and Testament dated 5th (ECHCBM02228482023 January, 2017, left by the deceased abovenamed. Recently, the Petitioners approached the concerned Housing Society, for transferring the Immovable Property standing in the name of the deceased to the beneficiary named under the said Will dated 5th January, 2017, left by the deceased abovenamed.

At that time, the concerned housing Society, informed the Petitioners that they will be required to obtain and submit a Probate of the said Last Will and Testament of the deceased issued by the competent court of law, so as to enable them to transfer the said property, in the name of the beneficiary named under the said Will of the deceased. In view of the above, the Petitioners are filing the present Petition for obtaining Grant of probate of the Last Will dated 5th January, 2017, left by the deceased abovenamed and therefore there is a delay which is not intentional and/or deliberate. The Petitioner therefore prays that the delay in filing the present Petition may be kindly condoned in the interest of Justice. Thus, the delay is explained.

4. Petitioners Oath are filed. Consent Affidavit of unmarried son of the deceased as mentioned in para 8 is on record.

Affidavits of Mr. Vijay Bhargav Shinde and Mr. ganesh Mahabal Kotian, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All other

Contd.. ..3/- legal formalities are complied with. Hence, Petition is granted.

(ECHCBM02228482023

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 09.10.2024