Adnya Manohar Rao v. Madhubala Balaji Rao (Deceased)
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th August 2024.
CALLED FOR COMPLIANCE :
38. TP/2042/2024 Mr. Sunny Shah with Himanshu Pratap Singh and Ashish Mehta, 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 Adnya Manohar Rao, Suvarna Manohar Rao and Nina Mehta, being the Executrices named under the Will of the deceased. Deceased Madhubala Balaji Rao, said to have died at Mumbai on 31.03.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.
2. Mr. Shah, Advocate for Petitioners submits that deceased left behind her, last Will and Testament which was duly executed at Mumbai, on 27.08.2022. The said Will is in English language.
3. Mr. Shah, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased was not married and did not have any children of her own. The mother and father of the Deceased pre-deceased the Deceased. Thus, Sub-clauses (a) to (c) of Subclause (1) of Section 15 of the Hindu Succession Act, 1956 do not apply and the legal heirs of the Deceased would be as per
Contd. ...2/- Sub-clause (d) of Sub-clause (1) of Section 15 of the Hindu Succession Act, 1956 viz. heirs of the father. The Deceased's father had a son, Mr. Vinod Balaji Rao and three daughters, Mrs. Pramila Manohar Gupte; Mrs. Tilottama KarsandasToprani and the Deceased. Mr. Vinod Balaji Rao predeceased the Deceased.
Mr. Vinod Balaji Rao was married to Sheela, and had two children viz. Nina Mehta and Abhay Vinod Rao from the said marriage. The said Sheila after the death of her husband Mr. Vinod Balaji Rao, remarried Mr. Ravindra Sinha in or about 1998 and on her remarriage ceased to be the widow of Mr. Vinod Balaji Rao and his heir under the Hindu Succession Act, 1956. Mrs. Pramila Manohar Gupte was married to Manohar G. Gupte, and had no children of their own. Mr. Manohar Gupte had predeceased his wife Mrs. Pramila Manohar Gupte. Mrs. Pramila Manohar Gupte has predeceased the Deceased. A copy of the Death Certificate of Mrs. Pramila Manohar Gupte is annexed as Exhibit "G-1" Tilottama Karsandas Toprani was married to Mr. Karsandas Toprani, and had no children of their own. Mrs. Tilottama Karsandas Toprani predeceased the Deceased.
A copy of the Death Certificate of Mrs. Tilottama Karsandas Toprani is annexed as Exhibit "G-2". Mr. KarsandasToprani had predeceased his wife, Mrs. Tilottama Karsandas Toprani. Save and except as mentioned in para - 12, there are no other legal heirs left by the deceased.
TP/2042/2024
4. Petitioners' Oath are filed.
Consent Affidavit of nephew, Abhay Vinod Rao of the deceased as mentioned in para - 12 of the Petition is on record. Affidavits of Dr. R. B. Pathak and Ajay A. Samant, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal
Contd. ...3/- formalities are complied with. Hence, Petition is granted.
TP/2042/2024
5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.
27.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master