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

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th March, 2025 CALLED FOR HEARING :

TP/3788/2024 (E-filing) Ms. Shobhana Waghmare, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Ashraf Ismail Selia being sole Executor named under the Will of deceased. Deceased namely Krishnaji Gautam Khodekar alias Khandekar said to have died at Mumbai on 24.12.2002. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind his last Will and Testament which was duly executed at Mumbai on 21.06.2001. The said Will is in English language.

3. Upon perusal of the petition, it has been mentioned in para No. 10 of the petition that petitioner is not aware of any of the Class I legal heirs of deceased or their whereabouts hence, petitioner has served the citation by way of paper publication in two local newspapers. Affidavit of Service of paper Publication dated 17.10.2024 to that effect is also filed and the same is on record. Upon perusal of the order dated 06.02.2025 passed by the Hon'ble Shri Justice Arif S. Doctor, it is noticed that the Hon'ble Court has dispensed with the objection raised by the Registry and Registry is directed to proceed with the petition.

4. Petitioner's oath is filed. Affidavit of Hifzur Rehman Dhukka dated 03.06.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.08.2024 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. 20.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG