Ashraf Ismail Selia v. Late Krishnaji Gautam Khodekar Alias Khandekar (Deceased)

BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th November, 2024 CALLED FOR COMPLIANCE :

40 TP/3788/2024 ECHCBM021253 32024 WITH WILL/1491/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shobhana Waghmare, Advocate for petitioner P.C.:

Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner submits that whereabouts of legal heirs was not aware hence, they have taken out Chamber Order for publication. Pursuant to the order dated 03.09.2024 passed in the Chamber Order No. 389 of 2024, the petitioner has published the Citation on 01.10.2024 in two newspapers namely 'Free Press Journal' in English language and 'Navshakti' in Marathi language. Ld. Advocate for petitioner further submits that till date no objections has been filed in the present petition by way of Caveat. Hence, petition may be proceeded. Ld. Advocate for petitioner submits that even though petitioner being family friend of the deceased, he is not aware about the Class I as well as Class II legal heirs of deceased.

Ld. Advocate for petitioner submits that petitioner was not residing to the next to the deceased or neighbour of the deceased, hence, he is not aware the legal heirs of deceased.

Upon perusal of the petition and Will, I have observed that even though petitioner being family friend of the deceased, he is not aware about the Class I as well as Class II legal heirs of deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Furthermore, petitioner also did not know the whereabouts of the wife of deceased even though deceased was married as well as Petitioner did not know whether deceased died issue-less or with issue. It is to be noted that as per submission of Advocate for petitioner, the petitioner was not residing to the next to the said deceased or neighbour of the said deceased, hence, he is not aware the legal heirs of deceased.

Upon perusal of the Will, it is also noticed that the stamp papers on which the Will is typed is undated and stamp vendor details not mentioned. Upon perusal of the petition, Affidavits, Chamber Order as well as directions issued therein, I am not satisfied that as the Executor is not aware about the legal heirs of deceased.

In view of the above, Advocate for the petitioner has to satisfy to the Hon'ble Court and seeks necessary directions from the Hon'ble Court as whereabouts of legal heirs and next-of-kin are not known to the petitioner who is sole executor and being family friend of the deceased as well as authenticity of the Will.

Hence, Ld. Advocate for petitioner has to take necessary directions from the Hon'ble Court.

The present matter may be listed on board as per the directions of the Hon'ble Court.

26.11.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR