Anita Manohar Mandhle v. Lt. Col. Manohar Madhusudan Mandhle (Deceased)

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th October, 2024 CALLED FOR DIRECTION:

49. TP/3967/2024 Ms. Jyoti Badgujar, Adv. i/b. Lakdawala & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02141602024) with WILL/1569/2024 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 Anita Manohar Mandhle being the sole Executrix named under the Will of the deceased. Deceased Lt. Col. Manohar Madhusudan Mandhle alias Manohar M.

Mandhle alias Mandhle Manohar Son of Madhusudan, said to have died at Mumbai on 13.07.2000. Copy of Death Certificate is annexed to the Petition. Copy of Election Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed Mumbai on 10.09.1999. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. The said Deceased died leaving behind Widow, 1 Son and 1 Daughter. The MOTHER of the said Deceased Mrs. Vatsala Madhusudan Mandhle died before 1950. she pre-deceased

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the Deceased. The WIFE of the Deceased Mrs. Kusum Manohar Mandhle died on 264- 2024 Exhibit C' to the petition is a photo copy of the death certificate she since deceased the Deceased. 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, in filing the present Petition is on account of the fact that Petitioner was Ignorant and unaware of obtaining any legal representation recently he has been advised to obtain the same hence delay in filing the Petition be condoned in interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para 8 is on record. Affidavit of Aloysius C D'souza, one of the attesting witnesses 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 24.10.2024