Bombay High CourtTP/2622/2024grant issued

Tanmay Ashok Vernekar v. Ashok Mohan Vernekar

2024-10-01S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 01st October, 2024.

CALLED FOR COMPLIANCE :

38. TP/2622/2024 [Original] (ECHCBM02079052024) with WILL/1073/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rahul C. Mestry, 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 Tanmay Ashok Vernekar, being the Sole Executor named under the Will of the deceased.

Deceased Ashok Mohan Vernekar, said to have died at Mumbai on 09.07.2018. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Mestry, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 22.02.2015. The said Will is in English language.

3. Mr. Mestry, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the deceased pre-deceased the deceased. The deceased left widow, two daughters and one son. Save and except as mentioned in para - 10, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware of the requirement of Probate of the Will and Last Testament of the deceased. The Petitioner is

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) now advised to obtain Probate of the Will and Last Testament of the deceased. The Petitioner submits that the delay in filing the present Petition may pleased be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow and two daughters of the deceased as mentioned in para - 10 are on record. Affidavits of Anil Sadashiv Raut and Vilas Vinayak Pradhan, 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.

01.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master