Bombay High CourtTP/954/2024grant issued

Amit Kumar Premanand Phadte v. Pratibha Premanand Phadte

2024-09-06S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th September, 2024 CALLED FOR DIRECTION:

62. TP/954/2024 Ms. Swati S. Mathkar, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02219142023) with WILL/308/2024 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 Amit Kumar Premanand Phadte, being the sole Executor named under the Will of the deceased. Deceased Pratibha Premanand Phadte alias Pratibha wd/o Premanand Phadte, said to have died at Pune on 06.05.2023. 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. Ms. Mathkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Pune on 07.04.2023. The said Will is in English language.

3. Ms. Mathkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the husband of the deceased predeceased the deceased. The deceased above named has no Daughter and no other Son. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased Rahul Premanand Phadte as mentioned in para 8 is on record. There is affidavit of service dated 15.07.2024 for publication of citation in newspapers upon the legal heirs whose whereabouts are not known as stated in Para 8 of the Petition. Affidavit of Shivaji P. Dalvi, 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 06.09.2024