Fatema Mustafa Ujjainwala Alias Fatema Khurshid Kapasi v. Late Pandurang Hari Dalavi
Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 06th November, 2025 CALLED FOR HEARING :
TP/3825/2025 (E-filing) WITH WILL/1456/2025 Ms. Shobhana Waghmare, Advocate for petitioner. PC :
1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Fatema Mustafa Ujjainwala, being sole Executrix named under the Will of deceased. The deceased namely Pandurang Hari Dalavi, died at Kolhapur on 14.12.2019. Copy of death certificate is annexed to the petition. Affidavit of Identification proof of the deceased dated 17.07.2025 is filed separately. The same is accepted.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.04.2015. The said Will is in English language. The last para of the Will refers to the appointment of Executor. Only one Executor appointed under the Will. Properties mentioned in the schedule is referred in para 2 of the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and one son, who both are given their consent in faovur of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Mustafa Zulfikar Ujjainwala dated 17.05.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.09.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.
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5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 06.11.2025