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Bombay High CourtTP/68/2024grant issued

Raviraj Adve S O S L Shetty v. Lokendra Kumar Sharma Alias L. K. Sharma (Deceased)

2024-04-19Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 19th April, 2024 CALLED FOR DIRECTION:

35. TP/68/2024 (ECHCBM02184442023) with WILL/25/2024 Ms. Sanober P. Nanavati, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Prof. Raviraj Adve S/o Dr. S. L.

Shetty, being the sole Executrix named under the Will of the deceased. Deceased Commander Lokendra Kumar Sharma (Retd.), said to have died at Toronto, Canada on 20th August, 2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Nanavati, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 16.12.2002. The said Will is in English language.

3. Ms. Nanavati, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Deceased was married and the parents of the deceased have predeceased the deceased. There are no sons and the deceased had no other daughter.

Save and except as mentioned in para -9,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) there are no other legal heirs left by the deceased.

4. Petitioner's Oath are filed. Consent Affidavits of widow and two married daughters of the deceased as mentioned in Para 9 are on record. Affidavit of Melville Da'costa, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 19.04.2024