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44/2024
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IN THE COURT OF 8TH JT. CIVIL JUDGE SR.DIVISION, PUNE

AT PUNE

ORDER BELOW EXH.1

IN

CIVIL MISC. APPLICATION NO. 44 OF 2024 (E-Filing)

Mr. Sanjay Shankar Bhalerao : Applicant

Versus

Nil : Non-Applicant

Appearance :

Mr. M.B. Patil, learned Advocate for the applicant.

Presiding officer : K.M. Jaisingani,

8th Jt. C.J.S.D., Pune.
Date : 27/06/2024

ORDER

1. The applicant has filed the present application for Probate

of Will dated 31/05/2014 executed by Late Sonubai @ Soni Minu
Daruwala.

2. In brief, the applicant has submitted that Late Sonubai @

Soni Minu Daruwala was paternal aunt of the applicant. She purchased
2R land in S. No. 56/3, situated at Mauje Kondhwa, Dist. Pune,
described in Para No. 1 of application Exh.1 by sale deed Sr. No.
1126/1996. By sale deed dated 31/12/1991, original owner Smt.
Jaibai Badhe sold the said property to Mr. Sunil Bansode. S.No. 66/3
was divided by 56/3/21, area 2R. In view of remark of 84C, the name
of Sonubai was not entered in revenue record though she purchased it
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from Mr. Sunil Bansode. By Will dated 31/05/2014, she bequeathed

the property purchased by her in favour of applicant. The applicant is
appointed executor under the Will. Thus, the applicant prayed for
Probate of the said Will.

3. After the presentation of the application, the citation

notice (Exh.7) was issued. So also, the paper publication (Exh.8) was
directed. In spite of citation notice and paper publication, nobody
appeared and lodged objection.

4. The applicant is claiming that Late Sonubai @ Soni Minu

Daruwala was his paternal aunt. Further the applicant is claiming that
on 31/05/2014 she executed a Will and under the Will, the applicant is
appointed as an executor. In support of his contention, the applicant
has examined him vide Exh.9. He has also examined Mr. Ganesh
Mahadeo Sadaphule vide Exh.16, who is one of the attesting witness to
the Will. The applicant has also produced original Will, 7/12 extract,
Mutation entry, Sale deed and death certificate (Exh. 11 to 15 and 17).
The evidence of the applicant and attesting witness transpires
execution of Will by deceased. Their evidence also transpires that the
applicant is executor of the said Will. There are no suspicious
circumstances about the genuineness of the Will. There is no any
objection received to the request application of the applicant for
probate of the Will. The evidence on record gone unchallenged. As
deceased expired by making Will, the applicant is executor appointed
under Will and no any objection is received after citation notice, so, the
applicant is entitled to the relief of probate of the Will. Though it
appears that there was no mutation after the sale in favour of the
deceased, but while considering the present application, the Court is
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not required to go into issue of title. The Court has to see only
execution of the Will in the manner provided by law and not the title
issue. Under such circumstances, there is no hurdle to probate the Will
dated 31/05/2014 executed by Late Sonubai @ Soni Minu Daruwala.
Thus, the application is liable to be allowed. In the result, I pass the
following order :-
ORDER

1) The application is allowed.

2) Issue Probate in favour of the applicant in respect to the Will of
Late Sonubai @ Soni Minu Daruwala vide Exh.17 for which he is
appointed as an executor.
3) The applicant shall make full and true inventory of the
properties and credits and exhibit the same in this Court within
six months from this grant or within such further time as the
Court may, from time to time, appoint, and also to render to this
Court true account of the said properties and credits within one
year from the same date, or within such time as the Court may,
from time to time, appoint.
4) The applicant shall pay requisite Court fees as per the rules.
5) The original Will (Exh.17) shall be kept in the custody of Nazir of
the Civil Court.

Pune. (K.M. Jaisingani )

Date :- 27/06/2024 8th Jt. Civil Judge Senior Division, Pune
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I affirm that the contents of this P.D.F file judgment/Order are same,
word to word, as per the original judgment/Order.

Name of the Stenographer Mrs. J.S. Tembre,

Name of the Court Mr. K.M. Jaisingani, 8th Jt. C.J.S.D., Pune.
Date of Judgment 27/06/2024
Judgment signed by the P.O on 28/06/2024
Judgment uploaded on 28/06/2024
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