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Bombay High CourtTP/619/2025grant issued

Sanjivani Sanjay Lad v. Shankar Dhondu Temkar (Deceased)

2026-02-03Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3rd February, 2026 CALLED FOR HEARING :

TP/619/2025 (E-filing) WITH WILL/248/2025 Mr. R. T. Kharwar, 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 Sanjivani Sanjay Lad being sole Executrix named under the Will of deceased. The deceased namely Shankar Dhondu Temkar died at Mumbai on 21.05.1994. Copy of death certificate is annexed to the petition. Petitioner has filed Affidavit dated 17.09.2024 for dispensation of identification proof of deceased. The same is accepted.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 11.05.1994. The said Will is in English language. The Para No. 9 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein. The Schedule I annexed to the petition refers to one immovable property which is mentioned in para No. 6 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Wife of deceased died on 29.07.2020. One son of deceased namely Subhas Shankar Temkar died on 06.08.2014 as bachelor. There are no legal heirs of deceased as per Schedule I to IV of the Hindu Succession Act, 1956. However, Ld. Advocate for petitioner has served the citation through newspaper publication and Affidavit of Service of Publication dated 12.01.2026 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Ajay Zilu Patade dated 10.04.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.03.2025 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.

03.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR