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Bombay High CourtTP/871/2024grant issued

Supriya Sunil Raorane Nee Trupti Sadashiv Sawant v. Sadashiv Ragho Sawant (Deceased)

2024-07-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th July, 2024 CALLED FOR DIRECTION:

26. TP/871/2024 Mr. Manoj M. Mane, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02233852023) with WILL/302/2024 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 Supriya Sunil Raorane nee Trupti Sadashiv Sawant being the sole Executor according to tenor named under the Will of the deceased. Deceased Sadashiv Ragho Sawant said to have died at Mumbai on 12.04.2023. 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. Mane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 11.08.2021. The said Will is in Marathi language. Adv. for the Petitioner has filed affidavit dated 5th July 2024 for translation of the Will in English.

3. Mr. Mane, 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. That the Wife of the deceased viz. Sarita Sadashiv Sawant,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) pre-deceased the deceased, died on 06.12.1984. However, the copy of the death certificate of the wife of the deceased is not available with the Petitioner. That the deceased was survived by One Son and three Married Daughters only. That the deceased had no other Son and no other Daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of two daughters and one son of the deceased as mentioned in para 8 are on record. Affidavit of Hemant V. Tari, 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 12.07.2024