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Bombay High CourtTP/1025/2024grant issued

Dilip Shrikrishna Sohoni v. Mandakini Vasant Phadke (Deceased)

2024-06-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st June 2024.

CALLED FOR COMPLIANCE:

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Vinayak Sawant i/b Anand Pande, Advocate for the Petitioner.

45. TP/1025/2024 [Original] (ECHCBM02232652023) 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 Dilip Shrikrishna Sohoni, being the Sole Executor named under the Will of the deceased. Deceased Mandakini Vasant Phadke, said to have died at Mumbai on 29.03.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Sawant, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 31.12.2010. The said Will is in English language.

3. Mr. Sawant, 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. The deceased died widow. The husband of the deceased died on 19.11.2003.

The deceased had one son Mohan Vasant Phadke, died earlier on 03.07.1994, have widow and one son and no daughter. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed. Consent Affidavits of daughter, daughter-in-law and grandson of the deceased as mentioned in para - 9 are on record. Affidavit of Mangesh Waman Shiralkar, one of the attesting witnesses to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

21.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master