Bombay High CourtTP/1096/2024grant issued

Mallika Raman Shetty v. Bhoja Devappa Shetty (Deceased)

2024-08-30S. 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 : 30th August, 2024 CALLED FOR DIRECTION:

40. TP/1096/2024 Mr. Yogesh Panchal, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02136592023) with WILL/375/2024 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 Mallika Raman Shetty being the sole Executrix named under the Will of the deceased. Deceased Bhoja Devappa Shetty, said to have died at Mumbai on 15.04.2021.

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. Mr. Panchal, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 10.01.2020. The said Will is in English language.

3. Mr. Panchal, 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 wife of the dececased viz. Amba Bhoja Shetty, predeceased the deceased on 15th day of July, 2019. Exhibit- "D" to the petition is the copy of the death certificate of Amba Bhoja Shetty. Deceased died as widower.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) That the said deceased died leaving behind two daughters and one son as mentioned above. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. There is affidavit of service dated 22.07.2024 filed by Sheriff office showing service upon non consenting legal heir i.e. Harini Shetty Alias Harinakshi Gonsalves. Consent Affidavit of son of the deceased as mentioned in para 8 is on record. Affidavits of Dr. Ramkumar Murthi and Bharat Haridas Mehta, both the attesting witnesses to the Will are 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 30.08.2024