Bombay High CourtTP/1706/2024grant issued

Mohit Suresh Gadkari v. Vaishali Vasat Masurkar

2024-10-08Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 08th October, 2024.

CALLED FOR COMPLIANCE :

24. TP/1706/2024 [Original] (ECHCBM02024862024) with WILL/630/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Manoj Prajapati i/b Ashwini Patil, 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 and Codicil of the deceased filed by the Petitioner Mohit Suresh Gadkari, being one of the Executors named under the Will of the deceased. Deceased Vaishali Vasant Masurkar, said to have died at Mumbai on 10.10.2023. 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. Prajapati, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 12.12.2022 and 19.12.2022 and Codicil executed on 27.02.2023 respectively. The said Will and Codicil are in English language.

3. Mr. Prajapati, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased. The unmarried daughter Rajashree Vasant Masurkar also predeceased the deceased. The deceased left no other son and no other daughters. Save and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) except as mentioned in para - 12, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Kishor Masurkar, has renounced his right by filing Affidavit dated 19.01.2024. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause by mentioning the renouncing right of other Executor within three days from the date of uploading of the order. Consent Affidavits of three daughters of the deceased as mentioned in para - 12 are on record. Affidavits of Prashant Kalbande and Reshma Gaikwad, both the attesting witness to the Will and Codicil are 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.

08.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master