Arvind Balvant Kulkarni v. Ramkrishna Balwant Kulkarni (Deceased)

ksa Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025.

CALLED FOR HEARING :

14. TP/4475/2024 (ECHCBM02124892024) with WILL/1780/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Prajakta Goankar i/b. Rucha Jog, 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 Arvind Balvant Kulkarni, the Executor named under the Will of the deceased. Deceased Ramkrishna Balwant Kulkarni, said to have died at Badlapur, Thane on 28.04.2021. 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. Prajakta Gaonkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 16.03.2018. The said Will is in English language.

3. Ms. Prajakta Gaonkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Parents of the deceased have pre-deceased the Deceased and wife of the Deceased, Mrs. Nalini Ramkrishna Kulkarni had pre- deceased the Deceased on 4" September,2020. Exhibit- "A-2 is the copy of the death certificate of the wife of the deceased. The said deceased had three son

There are no other heirs and next of kin left by the Deceased. Exhibit- "A-3 Colly" is annexed as the Identity Proof, Aadhar card of the Milind Ramkrishna Kulkarni, Makarand Ramkrishna Kulkarni and Mandar Ramkrishna Kulkarni.

Save and except as mentioned in para - 11.

There are no other legal heirs. The Ld. Advocate for the Petitioner submits that the delay in making present petition is on account of the fact that petitioner was unaware of obtaining any legal representation. Now petitioner has been advised to obtain a legal representation, Hence this Hon'ble Court in the interest of Justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of legal heirs in para - 10 are on record. Affidavit of Prashant Tukaram Kotkar, 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.

06.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master