Bombay High CourtTP/1929/2024grant issued

Siddhartha Prafulla Ray v. Radhika Prafulla Ray

2024-08-09Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th August, 2024 CALLED FOR DIRECTION:

26. TP/1929/2024 Mr. Pratik Divkar, Adv. i/b. Rajni Divkar for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02016142024) with WILL/739/2024 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 Siddhartha Prafulla Ray being the sole Executor named under the Will of the deceased. Deceased Radhika Prafulla Ray said to have died at Mumbai on 12.09.2022.

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. Divkar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 07.09.2022. The said Will is in English language.

3. Mr. Divkar, 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.

Exh. E to the petition is a copy of the death certificate of the husband of the deceased.

The deceased left behind husband and two sons and no daughters. Save and except as

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) mentioned in para -7, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in para 7 is on record. Affidavit of Ambarish Narendra Hattikudur and Neha Ambarish Hattikudur, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. Which is 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 09.08.2024