Bombay High CourtTP/2277/2024grant issued

Sarojini Dayanand Kunder v. Sudeep Naraan Shetty

2024-09-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th September 2024.

CALLED FOR COMPLIANCE:

35. TP/2277/2024 [Original] (ECHCBM02048442023) with WILL/897/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Kadoor Shetty, 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 Sarojini Dayanand Kunder, being one of the Executrix named under the Will of the deceased.

Deceased Sudeep Narayan Shetty, said to have died at Mumbai on 12.08.2022. 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. Mr. Shetty, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12.07.2021. The said Will is in English language.

3. Mr. Shetty, 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. The said deceased died as Bachelor. The said deceased had one brother and one sister. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed.

The other Executor, Ramesh Mahabala Shetty, has renounced his right by filing Affidavit dated 20.01.2023. The Ld. Advocate for the Petitioner is permitted to correct the prayer clause mentioning the renouncing right of other Executor within three days from the date of uploading of the order. Consent Affidavits of sister and brother of the deceased as mentioned in para - 8 are on record. Affidavit of Ganesh M. Shetty, 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master