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Bombay High CourtTP/324/2024grant issued

Milind Arvind Subandh v. Kala Prabhakar Patange (Deceased)

2024-07-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 5th July, 2024 CALLED FOR DIRECTION:

20. TP/324/2024 (ECHCBM02214812023) with WILL/116/2024 Mr. Prabhu Velar, Adv. i/b. Ashwin Ankhad & Associates for the Petitioner.

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1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Milind Arvind Subandh being one of the Executors named under the Will of the deceased. Deceased Kala Prabhakar Patange said to have died at Mumbai on 01.10.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Velar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 10.02.2023. The said Will is in English language.

3. Mr. Velar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the husband of the deceased, pre-deceased the deceased. The parents of the husband of the deceased pre-deceased the deceased. The said deceased left behind her One Son and Two daughters, Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. The Ld. Adv. Mr. Velar submits that the other two executors Ashwin Ankhed and Gautam Ankhed have reserved their rights to come forward and apply for Probate later. Consent Affidavits of two married daughters and one son of the deceased as mentioned in para 8 are on record. Affidavit of Jayashree Menon daughter of Sreedharan Menon, 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 or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 05.07.2024