Uday Shashikant Bagwe v. Kamal Bhanji Bagwe Since Deceased

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th June, 2025 CALLED FOR HEARING :

TP/127/2025 (E-filing) Ms. Sujata Babar, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Uday Shashikant Bagwe being sole Executor named under the Will of deceased. The deceased namely Kamal Bhanji Bagwe died at Mumbai on 17.01.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.09.2023. The said Will is in Marathi language. Advocate for petitioner has filed file translation of the Will alongwith Affidavit dated 04.02.2025 certifying the true translation of the said Will. The Para No.6 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased had four brothers and one sister. Sister and one brother of deceased died as spinster and bachelor respectively. Another brother of deceased namely Shashikant Bagwe died leaving behind his wife, two sons and one daughter. Deceased was survived by two brothers, one sister-in-law, two nephews and one niece. Out of them one nephew is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Vinayak Harishchandra Haldankar and Shashikant Dattatray Zaware dated 20.12.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 23.01.2025 is filed. 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. 13.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG