Bombay High CourtTP/407/2024grant issued

Rajesh Karunashankar Agnihotri And Another v. Sushila Karunashankar Agnihotri (Deceased)

2024-05-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th May, 2024.

CALLED FOR COMPLIANCE :

35 TP/407/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Janhavi Mane i/b Vikas Kharat, Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online.

Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Rajesh Karunashankar Agnihotri and Rakesh Karunashankar Agnihotri being the Executors named under the Will of the deceased. Deceased Sushila Karunashankar Agnihotri, said to have died at Mumbai on 25.10.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Ms. Mane, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.10.2021. The said Will is in English language.

3. Ms. Mane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased predeceased and Exhibit - D to the Petition is the copy of his death certificate. The deceased left two sons and one daughter. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed. Consent Affidavit of married daughter of the deceased as mentioned in para - 10 is on record. Affidavit of Avinash Prabhkar Joshi, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

06.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master