Judgment

Received on : 12/01/2024.
Registered on : 12/01/2024.
Decided on : 16/04/2024.
Duration : Y. 03M. 04D.
IN THE COURT OF 2nd Jt. CIVIL JUDGE, SR. DN., PUNE.

(Presided over by S. J. Bhattacharya)
CNR No. MHPU020002862024

Misc. Appln. No. 115/2024.
Exh. No. 47.
1. Smt. Geeta Nitin Agarwal,

Age: 51 years, Occ: Housewife,
Registered address at: 34/c
Ramkutir Co-op Hsg Society,
Pandit Gunidas Marg, Mahim,
Mumbai- 400016.
2. Master Harsh Nitin Agarwal,
Age: 17 years, Occ: Student,
1 & 2 currently R/at: Flat No- 202,
Sarthi Sankalp, Aundh Gaon, Pune.
Through his natural Legal Guardian
Mrs. Geeta Nitin Agarwal ... Applicants.
Vs.
Nil.
-----------------------------------------------------------------------------------
Appearance:- K. P. Moghe., Advocate for the applicants.
-----------------------------------------------------------------------------------
JUDGMENT
(Delivered on 16/04/2024)
This is an application for grant of Probate under the Indian
Succession Act.
2.. In short, case of the applicants’ is that son i. e. Nitin
Nandkishore Agarwal of late Nandkishore Babulal Agarwal died on
08.12.2010, his wife Geeta Nitin Agarwal is applicant No.1 and son i. e.
Harsh Nitin Agarwal is applicant No.2. Late Nandkishore Babulal
Agarwal married to Late Rita Nandkishore Agarwal in 1965, and out of
the said wed-lock they had three children namely Nitin Nandkishore
Agarwal, Nita Suresh Hatirmani and Nisha Deepak Agarwal. The wife of
late Nandkishore Babulal Agarwal i. e. Rita Nandkishore Agarwal died
in 2005, and their Son i. e. Nitin Nandkishore Agarwal died on
08.12.2010.
3.. Late Nandkishore Babulal Agarwal died on 09.11.2023 at

Pune and the permanent residence of late Nandkishore Babulal Agarwal
was 308, Parmanand Nagar, ‘D’ Building, ‘B-Wing Devchang nagar Road,
Near Shambu Sadan, Bhaindar West, Thane. However, Late Nandkishore
Babulal Agarwal resided at Flat No- 202, Sarthi Sankalp, Aundh Gaon,
Pune. Late Nandkishore Babulal Agarwal expired leaving behind him,
his daughter-in-law i.e. the applicant no.1 and two daughters i. e. Nita
Suresh Hatirmani and Nisha Deepak Agarwal.
4.. Late Nandkishore Babulal Agarwal executed a

registered will dated 19/07/2021 which is registered in the office of
Sub-Registrar Alibag, at Serial No. 3193/2021. The said will dated
19/07/2021 has been signed by Late Nandkishore Babulal Agarwal and
attested by two witnesses namely Mrs. Pooja Nikhil Agarwal and Mrs.
Sangeeta Vijay Agarwal. The said will bears the signature of Late
Nandkishore Babulal Agarwal.
5.. By way of the will dated 19/07/2021, Late
Nandkishore Babulal Agarwal has bequeathed all his properties to his
daughter-in-law i. e. Geeta Nitin Agarwal and to his grandson i. e. Harsh
Nitin Agarwal. They are entitled to obtain probate in respect to the will
dated 19/07/2021 of Late Nandkishore Babulal Agarwal as they are the
beneficiaries of Late Nandkishore Babulal Agarwal, through his will
dated 19/07/2021. They are also the executors of the will.
Schedule (I)
(Description of Immovable Property)
1. All that piece and parcel of the property situated at Village: Poynad,
Taluka: Alibag, District: Raigad:
2. Shop admeasuring about 20 sq mt. at Serial No. 125/1 at Poynad
9. All the piece and parcel of the property situated at Village: Poynad,
Taluka: Alibag, District: Raigad:
10. CTS No. 413 Admeasuring about 22.80 sq mt.
17. All the piece and parcel of the Property situated in Mumbai:
18. House No. 308, Parmanand Nagar, ‘D’ Building, B-Wing,
Admeasuring about 300 Sq.Ft., Bhayandar-West, Mumbai-401101.
Schedule (II)
(Description of Movable Property)
Sr. Account Details
No
1. A/c no - 31713756660
A/c Type - Savings Bank Account SBPlus
Mode of Operation - Either or Survivor
SBI- PBB Aundh Branch
2. A/c no – 37069812262
A/c Type - Senior Citizen Saving Scheme
Mode of Operation - Single
3. A/c no.- 38842897410

Mode of Operation - Either or survivor
Scheme – TDR SR CT UNI-180-3653D-INR
SBI – PBB Aundh Branch
4. A/c no.- 38604281086

5. A/c no.- 38384224524

6. A/c no.- 39120136118

7. A/c no- 37721268831

Mode of Operation – Single
Scheme – TDR-GEN-PUB SRC-5Y-10Y-INR
S.N. Account Details
8. A/c no.- 41260734256

Mode of Operation - Account Holder or survivor
9. A/c No- 38708944025

Scheme – SBI Tax Saving Scheme
10. A/c no- 38183615719

SBI-PBB Aundh Branch
11. A/c No – 41260742326

6.. The applicants are filing the present petition for grant of
probate in respect of the movable and immovable properties as
mentioned in Schedule I and II in the name of Late Nandkishore Babulal
Agarwal as per will dated 19/07/2021. Will dated 19/07/2021 is the
last will of Late Nandkishore Babulal Agarwal.
7.. Late Nandkishore Babulal Agarwal was having Joint

savings bank account with his daughter-in-law i.e. Geeta Nitin Agarwal
in State Bank of India, PBB Aundh Branch, Pune and it has been stated
in the will dated 19/07/2021 of Late Nandkishore Babulal Agarwal
anything after the execution of the will dated 19/07/2021 will also be
bequeathed upon the beneficiaries i. e. Geeta Nitin Agarwal and
Grandson Harsh Nitin Agarwal.
8.. The two public notices were issued on 22/01/2023 and
23/1/2024 by passing order below Exh.1. But no one has taken any
objection to the present application.
9.. The applicant No.1 has filed evidence of affidavit at Exh.10,

Death extract of Late Nandkishore Babulal Agarwal & Late Nitin
Nandkishore Agarwal are at Exhs.11 & 12, Original Will dated
19/07/2021 of Late Nandkishore Babulal Agarwal is at Exh.13, Aadhar
Card of applicant Nos. 1 & 2 are at Exhs.14 & 15, Leave and License
Agreement Dated 09/05/2022 Registered at Sr. No. 6197/2022 at Joint
S.R. Haveli No.27, Pune is at Exh.16, Gram Panchayat Extract for
Village: Poynad, Taluka: Alibag. District: Raigad Shop admeasuring 20
sq mt. at Serial No. 125/1, Shop admeasuring about 31 sq mt. at Serial
No. 125/2, Shop admeasuring about 07 sq mt. at Serial No. 125/3, Shop
admeasuring about 20 sq mt. at Serial No. 125/4, Shop admeasuring
about 20 sq mt. at Serial No. 125/5, Shop admeasuring about 20 sq mt.
at Serial No. 125/6, Shop admeasuring about 26 sq mt. at Serial No.
125/7 are at Exhs. 17 to 23, Property card for CTS No. 413
Admeasuring 22.80 sq mtr., CTS No. 414, 415 & 416 Admeasuring
20.10 sq mtr., CTS No. 417, 418 & 419 Admeasuring 16.70 sq mtr., at
village: Poynad, Taluka: Alibag, District: Raigad are at Exhs. 24 to 30,
SBPlus Saving A/c No. 31713756660, SBI-PBB Aundh Branch is at
Exh.31, SBI-PBB A /c No – 37069812262, Senior citizen saving scheme,
Aundh Branch is at Exh.32, A/c no. - 38842897410, Scheme TDR SR CT
UNI-180-3653D-INR, SBI-PBB Aundh Branch is at Exh.33, A/c no.
38604281086, Scheme - TDR SR CT UNI-180-3653D-INR, SBI-PBB
Aundh Branch is at Exh.34, A/c no.- 38384224524, Scheme TDR SR CT
UNI-180-3653D-INR, SBI-PBB Aundh Branch is at Exh.35, A/c
no.39120136118, Scheme - TDR SR CT UNI-180-3653D-INR SBI-PBB
Aundh Branch is at Exh.36, A/c no-37721268831, Scheme-TDR-GEN-
PUB SRC-5Y-10Y-INR SBI - PBB Aundh Branch is at Exh.37, A/c
no.41260734256, Scheme - TDR SR CT UNI-180-3653D-INR SBI-PBB
Aundh Branch is at Exh.38, A/c No – 38708944025, Scheme - SBI Tax
Saving Scheme SBI-PBB Aundh Branch is at Exh.39, A/c no-
38183615719, Scheme - SBI Tax Saving Scheme SBI - PBB Aundh
Branch is at Exh.40, A/c No- 41260742326, Scheme - SBI Tax Saving
Scheme SBI-PBB Aundh Branch is at Exh.41, Witness’ affidavits i. e. of
Sangeeta Vijay Agarwal and Pooja Nikhil Agarwal are at Exhs. 42 and
43, Addhar Card of witnesses are at Exhs.44 and 45.
10.. The oral version of the applicant and the attesting witnesses
upon the will (Exh.13) shows that Late Nandkishore Babulal Agarwal
executed the Will (Exh.13) as his last will and the applicants are been
appointed as the executors of the Will (Exh.13) as well as the
beneficiaries. So, there remains no doubt about the genuineness of the
Will (Exh.13). The applicants are the executors of the Will (Exh.13).
Therefore, I am of the view that there would be no hurdle in issuing
Probate in the names of the applicants being the executors of the Will
(Exh.13). Hence, the application is allowed. In the result, I pass the
following order.
ORDER
1) The application is allowed.
2) Issue Probate in the names of applicant Nos.1 and 2 in respect
of the Will dated 19/7/2021, executed by Late Nandkishore
Babulal Agarwal, on payment of necessary Court fees.
3) The applicant Nos. 1 and 2 shall make a full and true inventory of
the property and credits and exhibit the same in this Court
within 6 months from the date of this grant or within such
further time as the Court, may, from time to time, appoint,
and also to render to this Court a true account of the said
property and credits within one year from the same date, or
within such further time as the court, may, from time to time,
appoint.
4) The applicant is directed to submit the yearly true account of the

properties, receipts, interest or profits received on the
properties as mentioned in the application.
5) The original Will (Exh.13) be kept in the Custody of the Nazir of

the Court of Civil Judge Senior Division, Pune.
Digitally signed by SANJAY
SANJAY JIVAN JIVAN BHATTACHARYA
BHATTACHARYA Date: 2024.04.16 15:52:38
+0530
Pune. (S. J. Bhattaccharya)

nd
Date: 16/04/2024. 2 Jt. Civil Judge Sr. Dn., Pune.
CERTIFICATE
I affirm that the contents of this P.D.F. file Judgment are same,
word to word, as per original Judgment.
Name of the Stenographer : Sou.V. R. Rupnar

Court : 2nd Jt. Civil Judge Sr.Div., Pune
Date : 16/04/2024
Judgment signed by the
presiding officer on : 16/04/2024
Judgment uploaded on : 16/04/2024

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Received on : 12/01/2024.

IN THE COURT OF 2nd Jt. CIVIL JUDGE, SR. DN., PUNE.

CNR No. MHPU020002862024

1. Smt. Geeta Nitin Agarwal,

3.. Late Nandkishore Babulal Agarwal died on 09.11.2023 at

4.. Late Nandkishore Babulal Agarwal executed a

3. A/c no.- 38842897410

4. A/c no.- 38604281086

5. A/c no.- 38384224524

6. A/c no.- 39120136118

7. A/c no- 37721268831

8. A/c no.- 41260734256

9. A/c No- 38708944025

10. A/c no- 38183615719

11. A/c No – 41260742326

7.. Late Nandkishore Babulal Agarwal was having Joint

9.. The applicant No.1 has filed evidence of affidavit at Exh.10,

4) The applicant is directed to submit the yearly true account of the

5) The original Will (Exh.13) be kept in the Custody of the Nazir of

Pune. (S. J. Bhattaccharya)

Name of the Stenographer : Sou.V. R. Rupnar

Judgment uploaded on : 16/04/2024

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