Jayshree Shrrnivas Talwalkar v. Pandurang Vaijnath Athavale (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

35. TP/3674/2024 [Original] (ECHCBM02099312024) with WILL/1443/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Suyash Kalbhor with B. G. Saraf, Advocate 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 Jayshree Shrinivas Talwalkar alias Dhanshree Shrinivas Talwalkar, being the Sole Surviving Executrix named under the Will of the deceased. Deceased Pandurang Vaijnath Athavle, alias Pandurang Shastri Athavale, alias Panduiung V. Athavele, alias Pandurang Athavale, said to have died at Mumbai on 25.10.2003. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Kalbhor, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 20.04.1978. The said Will is in English language.

3. Mr. Kalbhor, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The wife of the deceased died on 30-01-2017 and Exhibit - C is the copy of her death certificate. The deceased died issueless.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that Petitioner was not aware of the process for filing of the Probate so there is a delay in filling the same and the said delay may be condoned. The need for the same arose when some litigation in the Revenue Department happened pertaining to the lands at Roha. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of niece and nephew of the deceased as mentioned in para - 8 are on record. Affidavit of Nitin G. Thakker, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master