Girish Kishinchand Goklani v. Suresh Vishindas (Vishnudas) Goklani Alias Suresh Vishindas Goklani (Deceased)
BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th December, 2024 CALLED FOR COMPLIANCE :
TP/5248/2024 (AMH20230019553C202400044) WITH WILL/2094/2024 Mr. Huzefa S. Khokhawala i/b. Nankani Ishwar Jagdish, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Para Nos. 2 and 3 of the Affidavit of Attesting Witness reads as under :
2) That on the 7th day of October 2009, I was present together with Mr. Rambhau Pol at the office of the Sub-Registrar, Haveli No.7, Pune (Kharadi) and we did then and there see the Deceased set and subscribe his signature above his typed name at the foot of the testamentary paper in English language and character and on the bottom left side of each and every page of the Will the testamentary paper which is referred to in the Petition herein and marked as Exhibit "C" and declare and publish the same as his last Will and Testament.
3) Thereupon I, this deponent and Mr. Rambhau Pol did at the request of the Deceased and in his presence and in the presence of each other, all being present at the time, set and subscribed our respective names, addresses and signatures in Marathi language and character at foot of the said testamentary paper as witnesses thereto. It has been observed that the names and signatures of both the Attesting Witnesses on the Will was mentioned but their presence in the office of SubRegistrar, Haveli No. 7, Pune is not recorded and they have not signed the documents before the Sub-Registrar.
2. In view of the above, Ld. Advocate for petitioner to explain whether both the Attesting Witnesses to the Will were present and subscribed their respective signatures at the time of registration of the Will in the office of SubRegistrar, Haveli No. 7, Pune, as it does not reflected in the entries at page No.31.
3. List the matter on 03.01.2025.
20.12.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR