Bombay High CourtTP/491/2024grant issued

Bhalchandra Narayan Patil v. Sharmila Bhalchandra Patil @ Sharmila Bhalchandra Patil (Deceased)

2024-07-11Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 11th July 2024.

CALLED FOR COMPLIANCE :

25. TP/491/2024 with WILL/237/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Swapnil Narkar, Advocate for the Petitioner. P.C.:

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Bhalchandra Narayan Patil, being the Sole Executor named under the Will of the deceased. Deceased Sharmila Bhalchandra Patil alias Shrmila Bhalchandra Patil, said to have died at Mumbai on 18.01.2022. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Narkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 30.09.2021. The said Will is in English language.

3. Mr. Narkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband's parents and parents of the deceased predeceased the deceased. The deceased had no son and had four daughters.

Save and except as mentioned in para - 9, there are no other legal heirs and next of kins left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of four married daughters of the deceased as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para - 9 is on record. Affidavit of Kiran Nityanand, 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.

11.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master