Purnima Mayuresh Khandke v. Mayuresh Shrikant Khandke

msm Before : Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd August, 2024 CALLED FOR COMPLIANCE :

28.TP/2281/2024 ECHCBM02054102024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Arjun Wani, Advocate for the Petitioner. WITH WILL/905/2024 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 Purnima Mayuresh Khandke being the sole Executrix named under the Will of the deceased. Deceased Mayuresh Shreekant Khandke said to have died at Mumbai on 26th October, 2019. Copy of Death Certificate is annexed to the Petition. Copy of PAN Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Jayant Arjun Wani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 25th October, 2019. The said Will is in English language.

3. Mr. Jayant Arjun Wani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceased was married and has left behind his widow and one minor son viz Ayush Mayuresh Khandke aged 16 years. He is residing under the care and protection of his mother Purnima Mayuresh Khandke being natural Guardian to look after his life. And one daughter and mother. That there is no other son or daughter or legal heirs of the deceased. Save and except as mentioned in ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

para - 8, there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner states that she was not aware about legal proceedings to transfer the Flat. The society insists a legal certificate from the Competent Court. Hence this petition is field. The delay in filing the Petition may be condoned. Thus, delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of Mother and Daughter of the deceased as mentioned in Para-8 of the Petition are on record. For consent of the Minor Son, the Ld. Advocate for the Petitioner relied upon the Judgment of this Hon'ble Court passed in Testamentary petition No.1701 of 2017 dated 6th April, 2021 by the then Hon'ble Shri Justice G. S. Patel and stated that the Consent of Minor is not required. Affidavit of Vikrant Patwardhan, 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 23.08.2024