Bombay High CourtTP/2200/2024grant issued

Shailesh Dattatraya Gavde v. Indumati Dattatraya Gavde (Deceased)

2024-07-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th July 2024.

CALLED FOR COMPLIANCE :

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50. TP/2200/2024 Ms. Sharvari Nagvekar, 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 Shailesh Dattatraya Gavde, being the Sole Executor named under the Will of the deceased. Deceased Indumati Dattatraya Gavde, said to have died at Mumbai on 22.10.2019. 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. Ms. Nagvekar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 01.06.2012 and 02.06.2012 respectively. The said Will is in English language.

3. Ms. Nagvekar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased. Exhibit - C to the Petition. is the copy of death certificate of the husband of the deceased. The deceased husband left no other son and no other daughter. Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of married daughter of the deceased as mentioned in para - 10 is on record. Affidavit of Prashant Ramakant Khatavkar, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. 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.

18.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master