Bombay High CourtTP/1848/2024grant issued

Dinesh Ashok Patil v. Kiran Madhukar Mhatre (Deceased)

2024-08-08Shri. 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 August 2024.

CALLED FOR COMPLIANCE :

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16. TP/1848/2024 [Original] (ECHCBM02040142024) with WILL/685/2024 Mr. Harshad M. Deshpande, 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 Dinesh Ashok Patil, being the Sole Executor named under the Will of the deceased. Deceased Kiran Madhukar Mhatre, said to have died at Girgaum, on 19.01.2024. 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. Deshpande, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 05.12.2022. The said Will is in English language.

3. Mr. Deshpande, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and elder brother of the deceased pre-deceased the deceased. The deceased was not having any sisters. The deceased died as a bachelor. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. There is Affidavit dated 23.05.2024 filed for publication of citation in two newspapers. Affidavit of Rajesh Somnath Nerkar, 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.

08.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master