Shamsheer Ananda Poojari v. Jayanthi Seetharam Aiyer

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st August, 2024 CALLED FOR COMPLIANCE :

34.TP/2203/2024 ECHCBM02026052024 WITH WILL/880/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar a/w. Mr. Jayant Wani i/b. Mr. S. U. Lakdawala , Adv. 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 Will and Testament of the deceased filed by the Petitioner Shamsheer Ananda Poojari being the sole Executor named under the Will of the deceased. Deceased Jayanthi Seetharam Aiyer alias Jayanthi S. Aiyer alias Jayanthi Aiyer said to have died at Mumbai on 7th September, 2023. 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. Jyoti Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 18th February, 2023. The said Will is in English language.

3. Ms. Jyoti Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the said Deceased died as spinster. The father of Deceased Mr. Appu Seetharam died on 7-4-1995, the mother of Deceased Mrs. S. Rajalakshmi died on 6-12-1999 both pre-deceased the Deceased. The said Deceased had 6 Sisters and 5 Brothers which are as under (i) Mr. Seetharam Balasubramaniam s/o Appu Seetharam died as bachelor on 12-11-2012. Exhibit 'D' to the Petition ..2/-

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is a photo copy of the death certificate. (ii) Mr. Swaminathan Seetharam Aiyer Died as bachelor on 22-7-1999 Exhibit 'E' to the Petition is a photo copy of his death certificate. (iii) Ms. Indira Seetharam d/o Appu Seetharam Died as spinster on 14-2-2003. Exhibit 'F' to the Petition is a photo copy of her death certificate. (iv) Mrs. Saraswathy Ganapathy W/d. of Koovapady Ganapathy died on 24-8-2018. Exhibit 'G' to the Petition is a photo copy of her death certificate. Mrs. Saraswati Ganpati w/o Koovapady Ganapathy had no Son she died as Widow. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of three brothers, one sister and two married sisters and one niece of the deceased as mentioned in Para-8 are on record. Affidavit of Chetan Chandrakant Karkare, 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 21.08.2024