Dinesh Ramchandra Samant v. Vandana Harishchandra Zarapkar (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 11th June, 2025 CALLED FOR HEARING :

TP/3672/2024 (E-filing) Ms. Puja Pilankar Naik, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Dinesh Ramchandra Samant being one of the Executors named under the Will of deceased. The deceased namely Vandana Harishchandra Zarapkar died at Madhya Pradesh on 13.05.2018. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Madhya Pradesh on 24.04.2018. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Siddhesh Dinesh Samant has reserved his rights and Affidavit dated 29.05.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Deceased had two brothers and one sister. One brother of deceased namely Mohan Samant died on 22.12.2022 leaving behind his widow, one daughter and one son. Deceased was survived by one brother, one married sister and one sister-in-law, one niece and one nephew. Out of them brother is petitioner herein and remaining legal heirs mentioned in para No. 9 of the petition have given their consents in favour of the petitioner. Consent Affidavits are on record. Para No. 9 of the petition further states that whereabouts of legal heirs of husband of deceased are not known therefore, the petitioner has served the citation through newspaper publication and Affidavit dated 18.11.2024 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Sanjay Gujar dated 08.05.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 08.08.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 11.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR