Bombay High CourtTP/78/2024grant issued

Shrikant Ramkrishna Narvekar v. Atam Harchandrai Wadhwani (Deceased)

2024-04-22S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd April, 2024.

CALLED FOR COMPLIANCE:

69. TP/78/2024 [Original] (ECHCBM02209362023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jaywant Wani i/b Laxmi Mankar, Advocate 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 Shrikant Ramkrishna Narvekar, being the Sole Executor named under the Will of the deceased. Deceased Atam Harchandrai Wadhwani, said to have died at Mumbai, on 14.04.2021. Copy of death certificate is annexed to the Petition. Identification proof of the deceased i.e. copy of Pan Card is annexed to the Petition.

2. Mr. Wani, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 02.08.2022. The said Will is in English language.

3. Mr. Wani, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and brother of the deceased predeceased the deceased. The deceased was a bachelor and did not have any children. The deceased had only one brother and had no sister. The daughter and son of the predeceased brother of the deceased are the only heirs as per Class II, sub-clause IV of the Hindu Succession Act, 1956. Save and except

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of niece and nephew of the deceased mentioned in para - 9 are on record.

Affidavit of Shrikant Ramkrishna Narvekar, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 22.04.2024