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Bombay High CourtTP/536/2025grant issued

Mayuresh Anant Athavale v. Madhav Purushottam Athavale (Deceased)

2026-02-27Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 27th February, 2026 CALLED FOR HEARING :

TP/536/2025 (E-filing) WITH WILL/219/2025 Ms. Rajashri Nadigar, Advocate for petitioner PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Mayuresh Anant Athavale being Executor named under the Will of deceased. The deceased namely Madhav Purushottam Athavale 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 his last Will and Testament which was duly executed at Mumbai on 14.10.2023. The said Will is in Marathi language and translation of the said Will is annexed to the petition however, Affidavit of Advocate on record dated 27.02.2026 certifying that the translation is true and correct, is filed separately through e-filing. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by his widow only who has given her consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Sarish Shirish Joshi dated 22.08.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.02.2026 is filed. Delay is explained and the same is condoned. 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.

27.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR