Bombay High CourtTP/254/2024grant issued

Deepak Vasant Gode v. Manorama Devaji Gode (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:

72.TP/254/2024 (ECHCBM02028872023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. R. T. Kharwar i/b Tripathi Associates, 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 Deepak Vasant Gode, being the Sole Executor named under the Will of the deceased. Deceased Manorama Devji Gode alias Manorama Devaji Gode, said to have died at Mumbai, on 13.05.2021. Copy of death certificate is annexed to the Petition.

Identification proof of the deceased i.e. copy of Aadhar Card is annexed to the Petition.

2. Mr. Kharwar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.10.2020. The said Will is in English language.

3. Mr. Kharwar, 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 predeceased the deceased. The deceased left no brother and no sister. The deceased Cousin brother-in-law Vasant Shiva Gode alias Vasani Shivaji Gode (Cousin brother of the deceased's husband) has left no Brother and no Sister.

The parents of the cousin brother of the deceased are predeceased the deceased. Save and except as mentioned in para - 8, there are

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

4. Petitioner's Oath is filed. Consent Affidavit of cousin brother-in-law of the deceased mentioned in para - 8 is on record. Affidavit of Pratiksha Pandurang Labde, 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