Bombay High CourtTP/520/2024grant issued

Aditya Saiprasad Samant v. Ashok Narahari Desai (Deceased)

2024-04-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th April, 2024 CALLED FOR DIRECTION:

77. TP/520/2024 (ECHCBM02225882023) with WILL/239/2024 Mr. Devang Lakhotia, Adv. 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 Aditya Saiprasad Samant being the sole Executor named under the Will of the deceased. Deceased Ashok Narahari Desai Deceased said to have died at Mumbai on 08.10.2023. 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. Lakhotia, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 31.01.2020 and registered on 03.02.2020 at Mumbai. The said Will is in English language.

3. Mr. Lakhotia, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Deceased died as a widower. The wife of the Deceased Late Smt.Vidya Ashok Desai died in Mumbai on 17th November, 2022.EXHIBIT "D" to the Petition is the true copy of the Death Certificate of wife of the Deceased. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mother of the Deceased Late Smt. Shalini Narahari Desai died in the year 1946 i.e. 77 years ago and therefore her death certificate is not available. The father of the Deceased Late Shri.Narahari Vithal Prabhu Alias Narahari Vithal Desai died in Mumbai on 25111 November, 1986. EXHIBIT "E" to the Petition is the true copy of the Death Certificate of father of the Deceased. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Saiprasad Jagannath Samant, 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 24.04.2024