Bombay High CourtTP/1443/2024grant issued

Varun Pradeep Pathare v. Nandkumar Krishnarao Pathare Alias Nandkumar K Pathare

2024-08-05Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th August 2024.

CALLED FOR COMPLIANCE :

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15. TP/1443/2024 [Original] (ECHCBM02002432024) Mr. Uttam S. Rane i/b Anusha P. Amin, 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 Varun Pradeep Pathare, being the Sole Executor named under the Will of the deceased.

Deceased Nandkumar Krishnarao Pathare alias Nandkumar K. Pathare, said to have died at Mumbai on 26.10.2023. 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. Mr. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 30.05.2017 and 09.06.2017 respectively. The said Will is in English language.

3. Mr. Rane, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased to the deceased. The wife of the deceased is predeceased to the deceased i.e. died on 20.11.2015. Exhibit "E" to the Petition is the copy of the death certificate of the wife of the deceased. One of the son of the deceased i.e. Parag Nandkumar Pathare is also predeceased to deceased i.e. died on 18.04.2018 leaving

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) behind his only one son and no daughter and no other son from the wedlock. The deceased left no other son or grandson or no daughter or granddaughter. Save and except as mentioned in para - 9, 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 27.06.2024 filed by Sheriff' office upon non-consenting legal heir, Pravin Nandkumar Pathare. Consent Affidavit of grandson of the deceased as mentioned in para - 9 is on record. Affidavit of Neeta Ameet Patil, 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.

05.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master