Bombay High CourtTP/1005/2024grant issued

Shyam Gangaram Bhogle v. Madhukar Wasudeo Parab

2024-08-29S. 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 : 29th August 2024.

CALLED FOR SPEAKING TO THE MINUTES :

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3. TP/1005/2024 [Original] (ECHCBM02138232023 with WILL/323/2024 Ms. Yojana Gaikwad i/b Roma Bhende Lotlikar, Advocate for the Petitioner.

P.C.:

Suo-Moto

1. Office has informed that while preparing the grant, in order dated 11.06.2024, there is no reference of the language of the Will in para - 2.

2. Hence, the order dated 11.06.2024 is corrected and read as by adding in last line of para - 2, "The said Will is in Marathi language. The Ld. Advocate for the Petitioner has filed Affidavit dated 07.08.2024 regarding translation of the Will". Rest of the order remains as it is.

3. In view of the above, following order is passed;

4. 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 Shyam Gangaram Bhogle being the Executor named under the Will of the deceased. Deceased Madhukar Wasudeo Parab, said to have died at Mumbai on 15th August, 2022. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card and Aadhar Card of the deceased as ID Proof are annexed to the petition.

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5. Ms. Roma Bhende Lotlikar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12.08.2022. The said Will is in Marathi language. The Ld.

Advocate for the Petitioner has filed Affidavit dated 07.08.2024 regarding translation of the Will.

6. Ms. Roma Bhende Lotlikar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Save and except mentioned in the Para No. 9 of the Petition, the deceased has left no other legal heirs.

7. Petitioner's Oath is filed. Consent Affidavits of one married daughter, one widow daughter, one divorced daughter and two granddaughters (one minor) of the deceased as mentioned in para 9 are on record. Affidavit of Mrs. Pradnya Rahul Korlekar, the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

8. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

29.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master