Bombay High CourtTP/1904/2024grant issued

Rajesh Ramakant Desai v. Ramakant Laxman Prabhudesai -Desai

2024-10-04Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th October, 2024 CALLED FOR DIRECTION:

32. TP/1904/2024 Mr. Nimish Achrekar, Adv. i/b. Sachin Masurkar for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02215272023) with WILL/767/2024 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 Rajesh Ramakant Desai being the sole Executor named under the Will of the deceased. Deceased Ramakant Laxman Prabhudesai @ Desai, said to have died at Mumbai on 04.02.2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Achrekar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 23.11.2021. The said Will is in English language.

3. Mr. Achrekar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents of the deceased predeceased the deceased. Wife of the deceased has died on 23rd day of July, 2021. EXHIBIT- E to the petition is a copy of her death certificate. The deceased died leaving behind his one daughter and two Sons as mentioned above. 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. Consent Affidavits of daughter and son of the deceased as mentioned in para 8 are on record. Affidavit of Kishore Pandurang Bangera, 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 04.10.2024