Milind Bhalchandra Kasbekar v. Rita Bhalchandra Kasbekar (Deceased)

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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24. TP/2019/2024 [Original] (ECHCBM02040102024) with WILL/827/2024 Mr. Shailesh Salvi i/b Radhika Warerkar, Advocate for Petitioners.

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 Milind Bhalchandra Kasbekar and Nagnath Bhalchandra Kasbekar, being the Executors named under the Will of the deceased.

Deceased Rita Bhalchandra Kasbekar, said to have died at New Jersey, United States of America on 10.08.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Salvi, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 22.02.2012. The said Will is in English language.

3. Mr. Salvi, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the the Deceased Rita Bhalchandra Kasbekar was a widow at the time of her death on 10.08.2021. The Petitioners state that Shri. Bhalchandra Shantaram Kasbekar being the husband of the Deceased died at New Jersey, United States of America on the 29th day of January, 2018 and hence, his name is not

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) included in the list of heirs. "Exhibit- F" is a copy of the death certificate dated 01.02.2018 issued by the New Jersey Department of Health, State of New Jersey, certifying the death of Shri. Bhalchandra Shantaram Kasbekar. Smt. Manorama Shantaram Kasbekar being the mother of the predeceased husband of the Deceased, died sometime in the year 1980 and hence, her name is not included in the list of heirs. The death certificate of said Smt. Manorama Shantaram Kasbekar is not available. The Petitioners being the sons of the Deceased are the only surviving legal heirs of the said Deceased. The Deceased did not have any other son. The Deceased did not have any daughters. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed. Affidavit of Sujit Narendra Varde, 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