Rajan Prabhakar Malankar v. Prabhakar Ganesh Malankar-Deceased

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

67. TP/3883/2024 Ms. Seema Hunnurkar, Adv. i/b. Seema Hunnurkar & Associates for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02023912024) with WILL/1539/2024 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 Rajan Prabhakar Malankar being the sole Executor named under the Will of the deceased. Deceased Prabhakar G.

Malankar Alias Prabhakar Ganesh Malankar, said to have died at Mumbai on 30.08.2018.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Hunnurkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 16.07.2013 and 18.07.2013 respectively.

The said Will is in Marathi language. The Ld. Adv. for the Petitioner has filed affidavit dated 06.08.2024 for translation of the Will. 3.

Ms. Hunnurkar, 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. The deceased Wife expired on 17 October, 2021.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Exhibit- "D" to the petition is the copy of death Certificate. The deceased has left no other daughters and no any other son. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the Petitioner submits that the delay if any making this present Petition is on account of the fact that the Petitioner is ignorant and unaware of obtaining any legal representation. Now the Petitioner has been recently advice to obtain a legal representation. Hence this Hon'ble Court in the interest of justice may condoned the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of married daughter and two sons of the deceased as mentioned in para 8 are on record. Affidavit of Nandan Vithal Vartak, one of the attesting witness to the Will is 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 25.09.2024