1 Civil M. A. No.

1796/2023
Mr. Avinash Vitthal Talekar and Ors. Vs. Nil

CNR- MHPU020081532023 Presented on : 06-10-2023

Registered on : 06-10-2023
Decided on : 03-07-2024
Duration : 0 Yrs, 8 Month, 28 days

IN THE COURT OF 11th JT. CIVIL JUDGE SENIOR DIVISION, AND

ADDl. C.J.M., PUNE
(PRESIDED OVER BY S.S. Kadam)

Civil Misc. Appl. NO. 1796/2023 Exh.

1. Mr. Avinash Vitthal Talekar

Age – 42 Years, Occu.- Service,
For himself and natural guardian of applicant No. 2
2. Ms. Advik Avinash Talekar
Age – 5 Years, Occu.- Student,

3. Smt. Kamal Vitthal Talekar,

Age – 73 Years, Occu.- Nil
All r/at. Cooper Hsg. Society, Room No. A-28,
Sector No. 28, near Sant Dnyaneshwar Udyan,
Pradhikaran Nigadi, Pune – 411 044 ….Applicants

Versus

Nobody

Appearance – Advocate S.K.Kadam for the applicants.

JUDGMENT
(Delivered on 3rd of July, 2024)

1. This is an application filed by applicant for granting

probate certificate in respect of Will deed dated 05/03/2020.
 2 Civil M. A. No. 1796/2023
Mr. Avinash Vitthal Talekar and Ors. Vs. Nil

2. According to applicants, the applicant No.1 is son,

applicant No. 2 is grand son and applicant No.3 is wife of Vitthal
Talekar. The Vitthal Bhanudas Talekar has expired and during his
lifetime he has executed a Will dated 05/03/2020. The Will is duly
registered in the sub-registrar office. The present applicants are the
executors of the said Will. The properties mentioned in para 1A and
1B are the self acquired properties of the deceased Vitthal Talekar.
The said Will is duly attested by two witnesses and there is medical
certificate. The Vitthal Talekar has expired on 01/09/2022.
Therefore, probate is necessary to record the name of applicants to
the suit property.

3. On the rival pleadings of the applicants following points arise

for my determination for which I have recorded my findings with
reasons as stated below.

Sr.No. POINTS FINDINGS

Yes
1 Whether the applicant is entitled for
issuance of probate certificate in
respect of Will dated 05/03/2020
executed by the deceased Vitthal
Bhanudas Talekar?

2 What order? The

application is
allowed.
REASONS
As to point No.1:

4. I have heard the Ld. Adv. Appearing for the applicant.

 3 Civil M. A. No. 1796/2023
Mr. Avinash Vitthal Talekar and Ors. Vs. Nil

During course of argument the Ld. Adv. For the applicant drawn my
attention towards Will Deed dated 05/03/2020. The applicants
have examined two witnesses. After receiving this application
public notice was published in daily newspaper dated 31/10/2023
for calling objections in respect of granting probate certificate in
favour of the applicants. Till date nobody has raised objection for
granting probate certificate in favour of applicants.

5. I have perused Will Deed dated 05/03/2020, it appears

that the deceased Vitthal Bhanudas Talekar has appointed present
applicants are executor of the said Will. Considering facts and
circumstances of the present matter I am of the view that the
applicants are entitled for granting probate certificate. Hence, I
proceed to pass the following order. -
ORDER
1. The application is allowed.
2. Issue probate certificate in respect of original Will
05/03/2020 made by the testator Vitthal Bhanudas Talekar
in favour of applicants.
3. The applicants are hereby directed to produce original Will
dated 05/03/2020 in the office of Superintendent of this
court.
4. Applicants shall pay necessary Court-fees.

5. No order as to costs.
(Dictated and pronounced in open Court)
Digitally signed by
SHRINIVAS
SAHEBRAO KADAM
Date: 2024.07.04
13:29:21 +0530

(S.S.Kadam)
th
Date: 03/07/2024 11 Joint Civil Judge, Sr. Dn., Pune.
 4 Civil M. A. No. 1796/2023
Mr. Avinash Vitthal Talekar and Ors. Vs. Nil

CERTIFICATE

I affirm that the contents of this P.D.F. File judgment / order

are same word for word as per original judgment / order.

Name of Steno : Shri. K.D.Mehare

Steno - Grade II
Court Name Shri. S.S.Kadam
11th Jt. C.J.S.D., Pune
Date : 03/07/2024
Judgment / order signed by P.O. On : 03/07/2024
Judgment / order uploaded on : 03/07/2024