Bombay High CourtTP/323/2024grant issued

Subhas Kumar Basu v. Amal Kumar Basu S/O. Promoda Charan Bose (Deceased)

2024-03-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th March, 2024.

CALLED FOR COMPLIANCE :

45. TP/323/2024 (ECHCBM02162212023) with WILL/115/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala a/w. Jayant Wani, 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 deceased filed by the petitioner viz. Subhas Kumar Basu being the sole Executor named under the Will of deceased. Deceased viz. Amal Kumar Basu, said to have died at Mumbai on th November, 2022. Copy of death certificate is annexed to the petition.

Identification proof of deceased viz.

copy of Aadhar Card is annexed to the Petition.

2. Mr. S. U. Lakdawala, Advocate for Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on th May, 2010. The said Will is in English language.

3. Mr. S. U. Lakdawala, Advocate for Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the said ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Mr. Haresh Tilokchand Bhatia had no Daughter he died leaving behind Widow and 2 Sons. The said Deceased died as Spinster, The Mother of the Deceased, Mrs. Saraswati Tilokchand Bhatia died on 20-01-2006, The Father of the Deceased Mr. Tilokchand Udhawdas Bhatia died on 25-02-1950, both pre-.deceased the Deceased. The said Deceased died leaving behind 1 Brother, and 1 Sister only. Save and except as mentioned in Para-8 of the Petition there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's oath is filed. Consent Affidavits of Sister-in-law and Nephews of the Deceased as mentioned in Para-8 of the Petition are on record. Affidavit of Vandana Nitin Bhatia, 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 as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 05.03.2024