Sandip Ramesh Merchant v. Bharat Champaklal Sutaria
ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.
CALLED FOR COMPLIANCE :
37. TP/1703/2024 [Original] (ECHCBM02238022023) with WILL/628/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Ankita Naik, 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 Sandip Ramesh Merchant, being the Sole Executor named under the Will of the deceased.
Deceased Bharat Champaklal Sutaria, said to have died at Mumbai on 11.12.2022. 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. Naik, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 15.02.2021. The said Will is in English language.
3. Ms. Naik, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife predeceased the deceased. Exhibit - E is the copy of death certificate of the wife of the deceased. Save and except as mentioned in para - 9, there are no other legal heirs or next of kins left by the deceased.
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4. Petitioner's Oath is filed. Consent Affidavits of son and daughter of the deceased as mentioned in para - 9 are on record. Affidavit of Tatu Gawade, 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.
14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master