Shraddha Baban Pedamkar v. Harishchandra Gangaram Pedamkar Alias Shinde (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd October, 2024.

CALLED FOR COMPLIANCE :

64. TP/4028/2024 [Original] (ECHCBM02135682024) with WILL/1596/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Neha R. Doshi i/b Legal Juris, 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 Shraddha Baban Pedambkar, being the Sole Executrix named under the Will of the deceased.

Deceased Harishchandra Gangaram Pedamkar alias Shinde, said to have died at Raigad District on 30.12.2014.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Doshi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Thane, on 11.02.2010. The said Will is in Marathi language. The Ld. Advocate for the Petitioner has filed his Affidavit dated 16.10.2024 regarding translation of the Will.

3. Ms. Doshi, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother and wife of the deceased have predeceased the deceased. Exhibit- "D" is the copy of the death certificate of wife of the deceased. Save and except as mentioned in para - 4, there are no other legal heirs and next of kin left by the deceased. The Ld.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Advocate for the Petitioner submits that the said deceased expired on 30.12.2014.

However, application for grant of probate could not be made within the stipulated period of 2 years, as the requirement for the Probate has arisen now, as the building in which the premises of the deceased was existing, had gone into redevelopment and as such, there is a delay in filing the present petition. In view of the same, the delay in filing the present Petition be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two daughters as mentioned in para - 4 are on record. Affidavit of Sanjiv Sakharam Kenkare, 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.

23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master