← Library
Bombay High CourtTP/2228/2024grant issued

Ganesh Umanath Prabhu v. Sulochana Umanath Prabhu (Deceased)

2024-10-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

24. TP/2228/2024 with WILL/915/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Ujwala Bane and Ashutosh Khandeparkar, 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 Ganesh Umanath Prabhu, being the Sole Executor named under the Will of the deceased. Deceased Sulochana Umanath Prabhu said to have died at Mumbai on 26.10.2002. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Ms. Bane, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 04.01.1989. The said Will is in English language.

3. Ms. Bane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased expired on 04.11.1993. The deceased had three sons and no daughter. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that reason of delay for filing Petition for Probate is due to Petitioner has travelled outside country in the nature of his duties which was the main

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) cause for delay in filing the Petition for Probate. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para - 9 are on record. Affidavits of Shubhangi Ajit Tendulkar, 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master