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Bombay High CourtTP/1041/2024grant issued

Dr.Rajendra Achyut Badwe v. Shubhalaxmi Shivaji Bhave (Deceased)

2024-08-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th August 2024.

CALLED FOR COMPLIANCE :

12. TP/1041/2024 [Original] (ECHCBM02226112023) Ms. Shaanayaa Kapoor i/b Mulla and Mulla and CBC, 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 Dr. Rajendra Achyut Badwe, being the Sole Executor named under the Will of the deceased. Deceased Shubhalaxmi Shivaji Bhave, said to have died at Mumbai on 12.04.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Ms. Kapoor, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 22.05.2022. The said Will is in English language.

3. Ms. Kapoor, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the deceased died as Spinster. The parents of the deceased have pre-deceased to the deceased. The Petitioner further states the Legal heirs of the deceased as specified in Section- 15(1) clause- (d) and (e) read with section-8 of Hindu Succession act, 1956, and their whereabouts is not known to the Petitioner. The Petitioner tried to search the names and whereabouts of the Legal heirs of

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) the deceased from her paternal side and maternal side from family friends but despite due and diligent search the Petitioner could not find the same.

4. Petitioner's Oath is filed. There is Affidavit of publication dated 24.07.2024 for publication of citation in two newspapers. Affidavit of Prabha Narayanaswamy, one of the attesting witness 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.

14.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master