Bombay High CourtTP/972/2024grant issued

Deepak Ramchandra Agashe v. Usha Ramchandra Alias Ramchandr Agashe Deceased

2024-07-15Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th July 2024.

CALLED FOR COMPLIANCE:

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43. TP/972/2024 [Original] (ECHCBM02227142023) Ms. Prajakta Sakpal i/b Divekar Bhagwat, Advocate 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 Deepak Ramchandra Agashe, being the Sole Executor named under the Will of the deceased. Deceased Usha Ramchandra alias Ramchandr Agashe, said to have died at Lonavala, Mawal, Pune on 12.04.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card and Pan Card are annexed to the Petition.

2. Ms. Sakpal, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 07.03.2019. The said Will is in English language.

3. Ms. Sakpal, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother and father of the Deceased have predeceased the Deceased. The husband of the Deceased namely Ramchandra alias Ramchandr Keshav Agashe has predeceased the Deceased on 4th March 2006 and Exhibit "E" to the Petition is a copy of the Death Certificate of the said Ramchandra alias Ramchandr Keshav Agashe. The Deceased did

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4. Petitioner's Oath is filed. Consent Affidavit of daughter of the deceased as mentioned in para - 9 is on record. Affidavit of Subhash Dyaneshwar Munge, one of the attesting witnesses to the Will is filed. Affidavit dated 06.12.2023 of Dr. Vinodini A. Karnik, who was present at the time of execution of the Will is also filed. Affidavit of service of General Citation is filed. All the 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.

15.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master