Bombay High CourtTP/2023/2024grant issued

Kizhyapat Krishna Mohan Alias K Krishna Mohan v. Prabhakaran Vadeckadathe Nair Alias Prabhakaran V Nair Alias P V Nair (Deceased)

2024-08-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th August 2024.

CALLED FOR COMPLIANCE :

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26. TP/2023/2024 [Original] (ECHCBM02038792024) with WILL/829/2024 Mr. Yogesh Salunke, 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 Kizhyapat Krishna Mohan (alias K.

Krishna Mohan) being the Sole Executor named under the Will of the deceased.

Deceased Prabhakaran Vadeckadathe Nair alias Prabhakaran V. Nair alias P. V. Nair, said to have died at Mumbai, on 17.09.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card and Aadhaar Card are annexed to the Petition.

2. Mr. Salunke, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 28.07.2023. The said Will is in English language.

3. Mr. Salunke, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased is predeceased the deceased. The Son (i.e. Mr. Anand Prabhakaran Nair) of the Deceased pre-deceased the Deceased on 18.09.2018 and was a bachelor. Exhibit - D to the Petition is the copy of death certificate of the son of the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased, Mr. Anand Prabhakaran Nair. 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 widow and married daughter of the deceased as mentioned in para - 9 are on record. Affidavits of Sunil Balan Nair and Rasika Sameer Ghag, 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 after verifying whether any Cross Petition or Caveat is filed.

12.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master