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Bombay High CourtTP/1658/2024grant issued

Vilesh Jayram Sankhe v. Devram Chimanya Patil Alias Devram C. Patil Alias D C Patil Alias Devrao Chimanya Patil Alias Deora

2024-07-24Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 24th July, 2024 CALLED FOR DIRECTION:

78. TP/1658/2024 (ECHCBM02020092024) with WILL/621/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, Adv. i/b. Mulla and Mulla Associates 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 Vilesh Jayram Sankhe, being one of the Executors named under the Will of the deceased. Deceased Deceased Devram Chimanya Patil alias Devram C. Patil alias D.C. Patil alias Devrao Chimanya Patil alias Deoram Chimanya Patil, said to have died at Mumbai on 7.01.2024. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof are annexed to the petition.

2.

Mr. S.U.Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 26.04.2022. The said will is in English language.

3.

Mr. S.U.Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that The said Deceased died leaving behind his Widow, 2 Sons and 2 Daughters. The mother of the Deceased Mrs. Shanti Chimanya Patil expired on 22-5-2007 at her native place she pre-deceased the Deceased. The said Deceased left no other heir. 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. Other executor Mr. Shashikant Damodar Sankhe has reserved his right and filed affidavit dated 12.01.2024. Consent affidavits of Widow, two sons and two married daughter as mentioned in para 8 are on record. Affidavit of Y.M.Shaikh, one of the attesting witness to the Will is 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 as prayed after verifying whether any Cross Petition or Caveat is filed.

24.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master