Bombay High CourtTP/1036/2024grant issued

Prashant Radhakrishna Shiroor v. Nalini Radhakrishna Shiroor (Deceased)

2024-06-20Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 20th June 2024.

CALLED FOR COMPLIANCE:

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47. TP/1036/2024 (ECHCBM02237332023) Mr. D. R. Mishra, Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Prashant Radhakrishna Shiroor and Archana Prashant Shiroor being the Executor/ Executrix named under the Will of the deceased. Deceased Nalini Radhakrishna Shiroor, said to have died at Mumbai on 10.05.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Mishra, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.03.2008. The said Will is in English language.

3. Mr. Mishra, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the Husband of the deceased is predeceased the deceased. The Husband of the deceased died on 17-09-2019, and Exh. -"E" to the Petition is the true copy of Death Certificate of the Husband of the deceased. Save and except as mentioned in para - 9 there are no other legal heirs left by the deceased.

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4. Petitioners' Oath are filed.

Consent Affidavits of married daughter and son of the deceased as mentioned in para - 9 are on record. Affidavit of Chhaya Prashantkumar Mukherjee, 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

20.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master