Amit Raghunath Samgiskar v. Late Lalita Pandurang Shirkar Deceased

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

32.TP/2492/2024 ECHCBM02055602024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sujata Babar, Advocate for the Petitioner. WITH WILL/1011/2024

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 Amit Raghunath Samgiskar, being the sole Executor named under the Will of the deceased. Deceased Lalita Pandurang Shirkar said to have died at Mumbai on 8th January, 2024. Copy of Death Certificate is annexed to the Petition. Copy of PAN Card of the deceased as ID Proof is annexed to the petition.

P.C.

:

2. Ms. Sujata Babar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 6th June, 2017. The said Will is in English language.

3. Ms. Sujata Babar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the parents of the deceased predeceased the deceased. Soma Pandurang Shirkar, brother of the deceased also predeceased the deceased and Exhibit - "E" to the Petition is a copy of his Death Certificate. Indirabai Soma Shirkar, sister-in-law of the deceased also predeceased the deceased and Exhibit - "E-1" to the Petition is a copy of her Death Certificate. Shantabai Krishnaji Samgiskar ..2/-

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

also predeceased the deceased and Exhibit - "E-2" to the Petition is a copy of her Death Certificate. Deceased died unmarried. Deceased had no any other brother or sister. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of nephew of the deceased as mentioned at Sr. No.2a in Para-9 of the Petition is on record. There is Affidavit of Service dated 20th July 2024 filed by the Sheriff's Office showing service upon nonconsenting legal heirs of the Deceased i.e. one nephew and two nieces as at Sr. No.1a to 1c and Para-9 of the Petition. Affidavits of Rita Raghunath Samgiskar and Ravikant Dattatraya Yadav, both the attesting witnesses to the Will are 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