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Bombay High CourtTP/2342/2024grant issued

Shridhar Ramesh Waradkar v. Suresh Shridhar Waradkar

2024-08-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th August 2024.

CALLED FOR COMPLIANCE :

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42. TP/2342/2024 [Original] (ECHCBM02054212024) Mr. S. U. Lakdawala, 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 Petitioner Shridhar Ramesh Waradkar, being the Sole Executor named under the Will of the deceased.

Deceased Suresh Shridhar Waradkar alias Suresh Shridhar Varadkar alias Suresh S. Waradkar, said to have died at Banda, Savantavadi, Dist. Sindhudurg, on 30.10.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 12.07.2013. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said Deceased died as issuless. The mother of the Deceased Mrs. Taramati Shridhar Waradkar died in 1957, she predeceased the Deceased. The said Deceased died leaving behind his widow as only heir.

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. Consent Affidavit of widow of the deceased as mentioned in para - 8 is on record. Affidavit of Atul Manohar Surve, 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.

06.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master