Ganesh Shrikrishna Gholba v. Shobha Nilkanth Nabar

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 1st July 2024.

CALLED FOR COMPLIANCE:

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38. TP/1874/2024 [Original] (ECHCBM02182162023) Mr. Akshay Kadam i/b Dushyant Purekar, 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 Ganesh Shrikrishna Gholba, being the Executor named under the Will of the deceased. Deceased Shobha Nilkanth Nabar, said to have died at Mumbai on 05.05.2021.

Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Kadam, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 15.11.2016. The said Will is in English language.

3. Mr. Kadam, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the mother and husband of the deceased, predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of son and daughter of the deceased as mentioned in para - 9 are on record. Affidavits of Prabhakar Ganpat Shirke and Suresh

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sadashiv Phatak, both the attesting witnesses to the Will 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 expeditiously after verifying whether any Cross Petition or Caveat is filed.

01.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master