Dilip Trikannad Rao v. Trikannad Prabhakar Rao (Deceased)

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd July 2024.

CALLED FOR COMPLIANCE :

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34. TP/347/2024 [Original] (ECHCBM02134282023 Mr. Mahmood Ali i/b Gaurav Prakash Rajgor, 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 Dilip Trikannad Rao, being the Sole Surviving Executor named under the Will of the deceased. Deceased Trikannad Prabhakar Rao, said to have died at Mumbai on 21.03.2005. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter ID is annexed to the Petition.

2. Mr. Mahmood Ali, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 06.12.1987. The said Will is in English language.

3. Mr. Mahmood Ali, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased has no other son and no daughter. Save and except as mentioned in para - 11 there are no other legal heirs by the deceased. The Ld.

Advocate for the Petitioner submits that the delay in making present Petition is on account of the fact that Petitioner was ignorant and

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4. Petitioner's Oath is filed. The other C0Executor, wife of the deceased subsequently died on 25/09/2021 and Exhibit - C is the copy of her death certificate. Consent Affidavit of son of the deceased as mentioned in para - 11 is on record. Affidavit of Dattatray Damodar Zemse, 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.

23.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master