Swati Dattatray Limaye Nee Swati Murlidhar Wadadekar v. Murlidhar Raghunath Wadadekar Since Deceased

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

36. TP/2461/2024 Ms. Indrayani Koparkar, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02161402023) with WILL/997/2024 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 Swati Dattatray Limaye Nee Swati Murlidhar Wadadeka being the sole Executrix named under the Will of the deceased. Deceased Murlidhar Raghunath Wadadekar, said to have died at Mumbai on 12.10.2018. 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. Koparkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 15.03.2018. The said Will is in English language.

3. Ms. Koparkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents and wife of the deceased predeceased the deceased. The deceased left Wife, one son and one daughter. Exh. E, to the petition wife of the death certificate. Exhibit F is the copy of death certificate of Uday Murlidhar

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Wadadekar, Son of the Deceased and Exhibit "G" is the copy of death certificate of Vijayshree Uday Wadadekar, Daughter-inlaw. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay in making the present Petition is on account of the facts that Petitioners was not aware about the procedure to obtain Letter of Administration of the deceased from this Hon'ble High Court, Bombay, hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of grand daughter of the deceased as mentioned in para 9 is on record.

Affidavit of Dr. Ramnath Aiyer, 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 16.10.2024