Bombay High CourtTP/262/2024grant issued

Pranav Kiran Ashar v. Kiran Dharamsey Ashar (Deceased)

2024-04-18S. 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 : 18th April, 2024.

CALLED FOR COMPLIANCE:

33. TP/262/2024 (ECHCBM02181672023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai i/b D. R. Mishra, Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Pranav Kiran Ashar and Ravi Ramalingam s/o Ramalingam VenkatasubramaniamIyer, being the Executors named under the Will of the deceased. Deceased Kiran Dharamsey Ashar alias Kiran D. Ashar said to have died at Mumbai, on 16.01.2023. 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. Desai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 18.11.2022. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother and wife of the deceased have predeceased the deceased. The mother of the deceased died long back and therefore Death Certificate of her is not available. The wife of the deceased i.e. Mrs. Milburg Kiran Ashar died on 12-01-2017. Exhibit - E to the Petition is the copy of death certificate of the deceased. The deceased left no daughter.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner No. 1 is the only son of the deceased. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Affidavits of Ravi Ramalingam s/o Ramalingam Venkatasubramaniam Iyer, 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 18.04.2024