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Bombay High CourtTP/2550/2024grant issued

Sudhir Bhujangadhar Rao v. Jyothi Dinkar Rao (Deceased)

2024-10-18Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 18th October, 2024 CALLED FOR DIRECTION:

35. TP/2550/2024 Ms. Nandita Sharma, Adv. i/b. Sunil Sharma for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02032592024) with WILL/1040/2024 P. C. :

1. Perused the Order dated 03.09.2024.

The Ld. Adv. for the Petitioner submits that since the deceased is female, as per Section 15 of the Hindu Succession Act, 1956, the mother is shown in the column of legal heir therefore brothers and sisters are not required to be shown.

2. In view of the above, Order dated 03.09.2024 is recalled.

3. 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 Sudhir Bhujangadhar Rao being the sole Executor named under the Will of the deceased. Deceased Jyothi Dinkar Rao, said to have died at Mumbai on 07.04.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

4. Ms. Sharma, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 03.12.2022. The

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) said Will is in English language.

5. Ms. Sharma, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the father of the deceased predeceased the deceased. The deceased was unmarried. Save and except as mentioned in para -6, there are no other legal heirs and next of kin left by the deceased.

6. Petitioner's Oath is filed. Consent Affidavit of mother of the deceased mentioned in Para 6 is on record. Affidavit of Aditi Sudhir Rao, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All Affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

7. 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 18.10.2024