Bombay High CourtTP/1492/2024grant issued

Mantha Krishna Rao v. Padma Krishna Rao Mantha

2024-08-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th August 2024.

CALLED FOR COMPLIANCE :

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31. TP/1492/2024 [Original] (ECHCBM02203152023) Mr. Aditya Patil i/b Atmaram Palade, 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 Petitioner Mantha Krishna Rao being the Sole Executor named under the Will of the deceased.

Deceased Padma Krishna Rao Mantha, said to have died at Mumbai on 26.07.2021. 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. Patil, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.07.2020. The said Will is in English language.

3. Mr. Patil, 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 the deceased. The deceased had married with Mr. Mantha Krishna Rao (Petitioner abovenamed). Out of the said wedlock the deceased had two Son (1) Mantha Bhargav and (2) Yashasvi Mantha. The deceased has no other son and daughter. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Anil Nayak, 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.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master