Prafullata Madhukar Pathare v. Madhukar Bholanath Pathare
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th November, 2025 CALLED FOR HEARING :
TP/4513/2025 (E-filing) Mr. Anand Tiwari, 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 Prafullata Madhukar Pathare being one of the Executrices named under the Will of deceased. The deceased namely Madhukar Bholanath Pathare died at Mumbai on 07.01.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 26.03.2021. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executrices and another executors namely Prakash Pandhiranath Chogle and Smita Prabhakar Mhatre have renounced their rights to act as Executors and Affidavits dated 24.04.2025 are filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.
3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Deceased had one son namely Ajay who predeceased the deceased, died as bachelor. Deceased was survived by widow who is petitioner herein. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Dilip Gupta dated 24.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 14.10.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.
5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.
26.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR