Queries/ Necessary Comments:

1. Does the testatrix intend to register the Will? If yes, necessary alterations to
that effect will have to be made in the body of this Will.
2. When did the testatrix move to the old-age home/ nursing facility? For the
purposes of this draft, it is assumed that she moved there only after her recent
hospitalisation/ surgery.
3. It is being assumed that the only son of the testatrix died unmarried, and
without any child(ren). While the images do indicate the assumption being true,
a confirmation in the said regard would be necessary.
4. Para 9 refers to the Flat at Dadar. Did the flat stand in the name of the
testatrix throughout? If not, it might have to be explained as to how she came to
own the flat, i.e., as her husband’s heir or otherwise. Also, if ownership is being
claimed as her husband’s heir, have the shares been transferred and share
certificates been modified? There is no indication of any LoA/ Probate petition
in respect of the husband’s property.
5. Clause 15 has been incorporated keeping in mind provisions of S. 15 of
the Hindu Succession Act, 1956. The Act, even in cases of self-acquired
property of an intestate Hindu female, gives preference to heirs of her husband,
as opposed to heirs of the said female’s father. Clause 15 is expected to take
care of challenges likely to be posed to the Will, if any..
6. Clause pertaining to appointment of executor has been incorporated as
per general. Shall be modified in view of specific instructions on the point
LAST WILL AND TESTAMENT OF SMT. REKHA MADHAV PATIL
(NÉE MISS REKHA VASANT GORAKSHA)
I, Mrs. Rekha Madhav Patil (née Miss Rekha Vasant Goraksha), Hindu,
Indian Citizen, aged around 80 years, having Aadhar No.: 669869259779, now
residing in [please insert the nursing facility/ aged home address], today at
[please insert the address where the testatrix intends to sign the Will in
presence of two witnesses], being of sound health– physically and mentally, am
making the present instrument as and by way of my Last Will and Testament
(hereinafter ‘Will’), in order to ensure that the devolution of the property
presently owned by me, or likely to come to my hands during my lifetime,
whether moveable or immoveable; is bequeathed as per my wishes and
directions as set out in this Will.

At the outset, I confirm that I have not made any other Will in the past,
nor have I executed any other document in the form of a testamentary
disposition or bequest, by whatever name called. I further state, for the purposes
of express clarification that if at all any such document in the form of a
testamentary disposition or bequest has been made by me earlier, or is purported
to have been made by me, I revoke any such past document, alongwith any
ancillary documents made under such prior document in the form of a
testamentary disposition or bequest, including, but not limited to any document
purportedly in the form of a codicil, or otherwise likely to be construed as the
expression of my Last Will and Testament.

1. I “___” {Please clarify: had been in service employed by _____/ was

running a business _____/ was a housewife}. Over the years, through prudence
and perseverance, I have come to own or otherwise exercise exclusive control
over substantial assets in form of moveable and immoveable properties.

2. Presently in my eighties, and having experienced the uncertainties of the

tides of life, coupled with several unexpected and unfortunate events, I believe
that it would be prudent and necessary for me to execute this Will so as to
ensure that the devolution of the property presently owned by me, or likely to
come to my hands during my lifetime, whether moveable or immoveable; is
bequeathed necessarily as per my wishes and directions as set out in this Will,
and not as per the provisions of the Hindu Succession Act, 1956, or any other
applicable statutory enactment, as applicable for the time being in force.

3. Having made up my mind to execute the present Will, I approached my

Advocate to avail necessary legal advice in the matter; and after having been
advised in relation to all my queries, I provided necessary instructions to my
Advocate to make a Will, strictly in accordance to the instructions given by me.
I confirm that I understand English language, and have read through the draft
prepared by my Advocate upon my instructions. It would be prudent to mention
at this juncture that the import of having made this Will, on the devolution of
the property presently owned by me, or likely to come to my hands during my
lifetime, whether moveable or immoveable; has been explained to me to my
complete satisfaction. I would further add that it is only after reading the draft
sent over to me by my Advocate, satisfying myself as to the correctness of the
same and its accuracy to my instructions in letter and spirit, I have decided to
sign and execute the present Will. In order to remove any doubts, I expressly
state that I have perused in great detail, the Schedules annexed to this Will, and
confirm that the same are accurate, and that the said Schedules need to be read
as a part of this Will. I confirm that it was after having decided to execute this
Will that I requested the presence of the two witnesses named herein, today, in
the presence of each other to act as witness to my signing and executing this
Will.

4. I married my husband, Shri. Madhav Moreshwar Patil, and from that

marriage, we were blessed with one child, my son, Shri. Vinay Madhav Patil. I
unfortunately lost my husband, following his demise on 01 st July, 2001. My
beloved son, as also my siblings and their children stood by me and supported
me greatly during the trying times, and helped me come to terms with my loss.
Unfortunately, my only son, passed away unexpectedly on 04 th August, 2024,
before even having reached his fiftieth year. The loss and sorrow experienced by
me, though seemingly insurmountable, I have realised through the passage of
the years that it would be necessary for me to ensure that I need to set my affairs
in order, despite my grief. I recently had to undergo a hospitalisation /minor
surgery relating to [please confirm and insert only a cursory reference]. I have
since moved to the [please insert name nursing facility/ aged home] at [please
insert the nursing facility/ aged home location] My advancing age, coupled
with age-induced weariness necessitates the making of the present Will at this
juncture in my life.

5. The eldest of the three children of my parents, I had two younger siblings:
my sister Jayshree M. Vagholkar (née Miss Jayshree Vasant Goraksha), and my
brother Mr. Hemchandra Vasant Goraksha. Our warm bonds forged in
childhood, fortunately deepened over the years, and as I would say with joy and
fondness, was strengthened as we went on building our own families with our
respective spouses. However, fate had other plans, and I also lost both my
younger siblings, whom I dearly adored, with the demise of my sister on
[Please insert date] and that of my brother on [Please insert date].

6. I say with great pride and satisfaction that even after the death of my
sister, her daughter, i.e., my niece, Mrs. Mayura R. Padale (née Miss Mayura M.
Vagholkar), as also following the death of my brother, his daughters, i.e., my
nieces, Mrs. Prachi M. Pillai (née Miss Prachi H. Goraksha) and Ms. Ruchi H.
Goraksha, remained a constant ? through all the uncertainties of life. I add with
a deep sense of appreciation, that if at all, their dedication and love for me, has
deepened over the years. My married nieces Mayura and Prachi, as also my
unmarried niece, Ruchi, despite their individual responsibilities and
commitments, have been with me through thick and thin, and following the
untimely passing of my son, have been a steadfast source of comfort and solace.

7. It would not be out of place to mention at this juncture that my decision

of moving into the [please insert the nursing facility/ aged home name and
location], following my recent hospitalisation/ surgery was not very well-
received by any of my nieces. There was a considerable opposition to the said
decision of mine, from all of them; however, out of respect for my desires, my
nieces have conceded, and though with considerable sorrow, have accepted my
decision in this regard. I believe that I would find relative comfort among my
fellow companions at the [please insert the nursing facility/ aged home name
and location], and also that my nieces should apply themselves to their
respective responsibilities and commitments, without having to constantly
worry about my safety and well-being. Despite the said situation, my nieces
have regularly been keeping in contact with me, and take all necessary care for
my well-being at the [please insert the nursing facility/ aged home name and
location].

8. Since the demise of my husband and son, as also my siblings, I am of the

firm belief that my nieces alone should stand to inherit the assets in form of
moveable and immoveable property presently owned by me, or likely to come
to my hands during my lifetime. For the purposes of removal of doubts, I
emphasise that my son died a bachelor, and had no child/ren of his own. I have
also been seeking necessary legal advice in relation to the property left behind
by my intestate deceased son; and per my understanding, as his only heir in the
Class-I Category as per the Hindu Succession Act, 1956, I am considering
moving necessary application(s)/ Petition(s), before a court of competent
jurisdiction, including, but not limited to the Hon’ble High Court, as would be
necessary.

9. It is pertinent to note that I own immoveable property in form of a Flat at

Dadar West, Mumbai. The details of the said Flat are set out expressly in
Schedule- I to this Will. I hereby devise, bequeath, and give absolutely to the
exclusion of any or all other persons, the said Flat, to my three nieces named
herein, in equal shares.

10. I have made significant investments and savings by way of amounts lying
in savings bank accounts, demat accounts, and amounts invested by way of
Policies or instruments of the Life Insurance Corporation of India Ltd. The
details of the said bank accounts, demat accounts, and LIC Policies/
instruments, along with other necessary details if any are included in Schedule-
II to this Will. For the purposes of removal of doubts, I expressly state that I am
the sole account holder/ operator/ beneficiary/ insured in respect of the
accounts/ policies/ instruments mentioned in Schedule-II. I hereby devise,
bequeath, and give absolutely to the exclusion of any or all other persons, the
amounts lying in the said accounts along with interest/ dividend/ premium/
additional amount accruable to me by whatever name or denotation, to my three
nieces named herein, in equal shares.

11. I also held certain investments and operated certain accounts, jointly with
my deceased son. The details of such investments/ accounts have been laid out
expressly in Schedule-III to this Will. I hereby devise, bequeath, and give
absolutely to the exclusion of any or all other persons, the amounts lying in the
said accounts along with interest/ dividend/ premium/ additional amount
accruable to me by whatever name or denotation, to my three nieces named
herein, in equal shares.

12. During his lifetime, my son had active savings bank accounts or demat
accounts, or had made certain investments. My son died unmarried and
intestate, and hence, I am his only surviving Class-I heir as per the Hindu
Succession Act, 1956. I realised that I would have to make necessary
arrangements in respect of the assets left behind by him, and resultantly, I have
been advised to approach the concerned financial institutions, or, if necessary,
court(s) of competent jurisdiction, in this regard. I am in the process of availing
further advise to enable me to take necessary steps in this matter. The details of
these accounts/ investments are set out in detail to Schedule-IV to this Will. So
far as the assets of my predeceased son as are likely to come to my hands are
concerned, I hereby devise, bequeath, and give absolutely to the exclusion of
any or all other persons, the amounts lying in the said accounts/ investments
along with interest/ dividend/ premium/ additional amount accruable to me by
whatever name or denotation, to my three nieces named herein, in equal shares.
13. I have taken great efforts to ensure that I do not exclude any property,
moveable or immoveable, or assets in any other form whatsoever, held by me,
or likely to come to me, while making the present Will. However, as and by way
of abundant caution, I instruct that any property, moveable or immoveable, or
assets in any other form whatsoever, if not included in this Will, if I am in a
position to establish my control or ownership over the same, in its entirety or
partially; the same is hereby to be devised, bequeathed, and given absolutely to
the exclusion of any or all other persons, to my three nieces named herein, in
equal shares. It would be necessary to add that if I am to be entitled to any
property, from the date of this Will, till my demise, the same shall also be
devised, bequeathed, and given absolutely to the exclusion of any or all other
persons, to my three nieces named herein, in equal shares.

14. I hereby name ____ to act as the Executor of this Will. The Executor
named herein shall be responsible for applying to the Hon’ble Court of
competent jurisdiction to avail the Probate in respect of this Will. In the failure
of the said Executor to act as under this Will, any one of my three nieces named
herein individually or jointly with one or more of my other two nieces named
herein; would be entitled to apply to the Hon’ble Court of competent
jurisdiction to avail the Letters of Administration in respect of this Will. For the
removal of doubts, the failure of the Executor is to be ascertained from the
conduct of the said Executor, without requiring any express written
communication in the said regard from the said Executor, except unless so
required by a court of competent jurisdiction, under such laws as applicable for
time being in force.

15. [THIRD LAST CLAUSE: NEED INSTRUCTIONS, though both

versions stated, the alternative version would take care of most exigencies.]

In the unfortunate event that one or more of my nieces predeceases me, the
survivor(s) alone shall be entitled to the said bequest, in equal shares, if more
than one survivor; or exclusively, if there is only one surviving niece as on the
date of opening of this Will.

ALTERNATIVELY

In the event of the unfortunate demise of one or more of my nieces before me,
the devolution of the properties to which a reference is made in this Will shall
operate as under:

(A)In the unfortunate event that either of my married nieces predecease me ;

I hereby devise, bequeath, and give absolutely to the exclusion of any or all
other persons, the share which that predeceased married niece would stand to
inherit by way of this Will, to the child(ren) of the said married niece, such that
the child(ren) of the predeceased niece take place of their mother for the
purposes of being eligible to inherit under this Will. Thus, to clarify, if one of
my married nieces predeceases me, the bequests under this Will shall be divided
such that my surviving married niece and my unmarried niece, get their
respective one-third share in respect of all my property, moveable and
immoveable alike. The remaining one-third shall devolve upon the child(ren) of
my predeceased married niece equally.

(B)In the unfortunate event that my unmarried niece predeceases me;

I direct the share of bequests under this Will which she (my unmarried niece)
would have otherwise been eligible to inherit, shall be equally distributed
among my married nieces, such that, as opposed to the one-third share which
my married nieces would stand to inherit in the lifetime of my unmarried niece
named herein, shall now stand to one-half share of the bequests to each of my
married nieces. Thus, to clarify, if my unmarried niece predeceases me, the
bequests under this Will shall be divided such that my married nieces are
entitled to receive, absolutely and to the exclusion of any or all other persons,
one-half share each, in respect of all my property, moveable and immoveable
alike.

(C)In the unfortunate event that my unmarried niece and one of my married
nieces named herein predecease me;

I direct the bequests under this Will shall be divided such that the surviving
married niece shall absolutely and to the exclusion of any or all other persons
inherit one-half of the bequests under this Will, and the remaining one-half of
the bequests shall devolve absolutely to the exclusion of any or all other
persons, equally divided between the children of the predeceased married niece
if more than one, or the said one-half exclusively upon the sole surviving child
of my married niece. Thus, to clarify, if my unmarried niece and one of my
married nieces predecease me, my surviving married niece shall be entitled to
receive, absolutely and to the exclusion of any or all other persons, one-half
share in respect of all my property, moveable and immoveable alike. The
remaining one-half share, shall devolve, absolutely and to the exclusion of any
or all other persons, upon the children of my predeceased married niece in equal
shares if more than one, and exclusively upon the child of my predeceased
married niece where a single child, in respect of all my property, moveable and
immoveable alike.

(D)In the unfortunate event that all three of my nieces predecease me;

I direct that the bequests under this Will shall devolve in equal shares,
absolutely and to the exclusion of any or all other persons, on the surviving
children of my married nieces.

16. It is to be noted that while I have taken great care to ensure that the
details such as share certificate number and other ancillary details in respect of
the immoveable property, as also the asset type, account numbers, instrument/
policy numbers, branch details in respect of the moveable property in Schedules
II to IV is accurate, in the event any discrepancy is found in the same, the
bequests under this Will shall not fail on account of such reasons. The
devolution, in such cases shall be carried out as explained in this Will in Clauses
9 to 12, or if applicable, Clause 15, as per the actual description of the property,
as standing in the records of the concerned Co-operative Housing Society, or the
concerned financial institution, as applicable.

17. I confirm that I have made this Will, having entirely satisfied myself as
to the veracity and implications of the making of this Will, as also its contents. I
confirm that I am in good health following my hospitalisation/ surgery, and that
my recovery has been satisfactory. The said medical intervention sought by me,
has not adversely impacted my capability to make this Will. I am in sound
physical and mental state to make this Will, and have made the present Will
based on my independent judgment and of my own volition. The contents of
this Will express my voluntary desires in respect of the devolution of my assets
following my eventual demise, and the same are in no manner tainted by
exercise of any force, coercion, fraud, undue influence, or any other factor
prejudicially impacting my testamentary capability.

Date: October, 2024

Place: Mumbai.

Signature of the Testatrix

SIGNED BY the Testatrix above named )

as and for her last Will and Testament )
in the presence of both of us being )
present at the same time and who at )
her request and in her presence )
and in the presence of each other, we )
have put in our signatures, as witness to the )
making/ execution of this Will by the Testatrix )
WITNESSES:

1) Name:

(Aadhar No. )

Address:

Signature:

2) Name:

(Aadhar No. )

Address:

Signature:
 SCHEDULE- I

Residential Flat bearing number ‘12’ in Wing ‘D’, situated in Sahakar Niwas
(CHS. Ltd.?), located at Prof. V. S. Agashe Road, Dadar (West), Mumbai-
400028, represented by share certificate number ‘______’, in relation to ‘__’
fully paid-up shares amounting to Rs. ___ (_____) from ‘___’ to ‘____’

SCHEDULE- II

Account No. /
Asset Type/ Financial
Instrument/ Branch
Instrument Institution
Policy Number
Amounts in
Savings Bank
Accounts with ICICI Bank Ltd. 005701059819 ???
interest thereon,
as accruable
Amounts in
Savings Bank
Bank of India
Accounts with 001511100006699 ???
Ltd.
interest thereon,
as accruable
Amounts in
Savings Bank
Accounts with UCO Bank Ltd. 06920100001855 ???
interest thereon,
as accruable
Amounts in
Savings Bank
State Bank of
Accounts with 10419733304 ???
India
interest thereon,
as accruable
Demat Account
with funds lying
IN-303028-
therein, and ???? ???
50297182
dividend, or other
sums as accruable
Life Insurance
Life Insurance
Corporation of 901483945
Policy
India
Life Insurance
Life Insurance
Corporation of 902307043
Policy
India

SCHEDULE- III
Account No. /
Asset Type/ Financial
Instrument/ Branch
Instrument Institution
Policy Number
Amounts in
Savings Bank
Accounts with ICICI Bank Ltd 005701059816
interest thereon,
as accruable
Demat Account IN303028-
with funds lying
therein, and
50238307
dividend, or other
sums as accruable

SCHEDULE- IV

Account No. /
Asset Type/ Financial
Instrument/ Branch
Instrument Institution
Policy Number
Amounts in
Savings Bank
India Post
Accounts with 8674850929
Payments Bank
interest thereon,
as accruable