Bombay High CourtTP/463/2024grant issued

Surendra Pandurang Narvekar v. Kalpana Suman Desai (Deceased)

2024-04-08S. 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 : 8th April, 2024.

CALLED FOR COMPLIANCE:

30. TP/463/2024 (ECHCBM02213732023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b S. U. Lakdawala, 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 Surendra Pandurang Narvekar being the Sole Executor named under the Will of the deceased. Deceased Kalpana Suman Desai alias Kalpana Sumanbhai Desai alias Kalpana S. Desai, said to have died at Mumbai, on 02.11.2023. Copy of death certificate is annexed to the Petition.

Identification proof of the deceased i.e. copy of Pan Card is annexed to the Petition.

2. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 10.07.2018 and registered on 11.07.2018 respectively. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the The said Deceased died as Spinster. The Father of Deceased Dr. Sumanbhai Gulabbhai Desai died on 28-11-1991. The mother of Deceased Mrs. Hansa Suman Desai nee Hansaben Sumanbhai Desai died on 11-82009 Exhibit 'D' is a photo copy of the death certificate, both pre-deceased the Deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The said Deceased died leaving behind one Married Sister and one Brother. The said Deceased left no other heirs. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of brother and married sister of the deceased as mentioned in para - 8 are on record. Affidavit of Shailesh Anil Jadhav, 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 08.04.2024