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

[Corrected Order] 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, 2021. 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 him last Will and Testament which was duly executed at Mumbai on th April, 2011. 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 ..2/-

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

Mother of the Deceased Mrs. Lavanya Promoda Charan Bose died before 2000.

The Wife of Deceased Mrs. Chitralekha Amal Kumar Basu died on 16-10-2004 Exhibit "D" to the Petition is copy of her Death Certificate both pre-deceased the Deceased. The said Deceased died leaving behind 1 Son and 2 Daughters.

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 Married Daughters of the Deceased as mentioned in Para-8 of the Petition are on record. Affidavit of Niloofer Sawhney, 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