Imtiaz Naik Alias I.A.M. Naik v. Shashikant Madhav Deshpande (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th November, 2024.

CALLED FOR COMPLIANCE :

28. TP/4278/2024 [Original] (ECHCBM02081882024) with WILL/1743/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Shubi Syed i/b Rafique Ahmed Shaikh. 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 Joint Will and Testament of the deceased filed by the Petitioner Imtiaz Naik alias I.A.M. Naik, being one of the Executors named under the Will of the deceased. Deceased Shashikant Madhav Deshpande son of Madhav Balwant Deshpande, said to have died at Mumbai on 02.11.2023. 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. Syed, Advocate for the Petitioner submits that deceased left behind him last Joint Will and Testament which was duly executed and registered at Mumbai, on 13.02.2020. The said Will is in English language.

3. Ms. Syed, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of the Deceased predeceased the Deceased. The said deceased died issueless. Sister of the deceased pre-deceased the deceased and this Hon'ble Court has issued grant for the said pre-deceased sister. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased left one brother. Save and except as mentioned in para - 11, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executors, Ranjan Vinod Moharikar and Chandrashekhar D. Kalkar have filed their Affidavits both dated 12.03.2024 renouncing their rights as Executor. The Ld. Advocate for the Petitioner to mention the renouncing rights of other two executors in the prayer clause by way of correction within one week from the date of uploading of the order. Consent Affidavit of brother of the deceased as mentioned in para - 11 is on record. Affidavit of Anand Keshav Deshmukh, 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.

12.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master