Bombay High CourtTP/2148/2024grant issued

Sunil Nandkishore Newatia....Petitioner v. Sharda Nandkishore Newatia....(Deceased)

2024-07-09Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 9th July 2024.

CALLED FOR COMPLIANCE :

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15. TP/2148/2024 [Original] (ECHCBM02060622024) Ms. Sujata Popalkar i/b Milind Shewale, 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 Sunil Nandkishore Newatia, being the Sole Executor named under the Will of the deceased. Deceased Sharda Nandkishore Newatia, said to have died at Mumbai on 12.01.2024. 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. Ms. Popalkar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 22.08.2023. The said Will is in English language.

3. Ms. Popalkar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the Deceased viz.

Nandkishore Balkrishna Newatia pre-deceased the Deceased, died on 20.05.2021. Exhibit - F to the Petition is the copy of his death certificate. Deceased had only one son i.e. the Petitioner. The Deceased had no daughter. Therefore under Section 16 of the Hindu Succession Act, 1956 the Deceased survived by her son i.e. the Petitioner as her only heir and

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4. Petitioner's Oath is filed. Affidavit of Ishwar M. Patil, 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.

09.07.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master