Bombay High CourtTP/2703/2024grant issued

Madhu Satya Prakash Goswamy v. Satya Prakash Goswamy

2024-10-16S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 16th October, 2024 CALLED FOR DIRECTION:

40. TP/2703/2024 Mr. D. R. Mishra, Adv. for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02030102024) with WILL/1099/2024 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 Madhu Satya Prakash Goswamy, being the sole Executrix named under the Will of the deceased. Deceased Satya Prakash Goswamy alias S. P. Goswamy Lt.

CoL, said to have died at Mumbai on 17.05.2003. Copy of Death Certificate is annexed to the Petition. Copy of ExServiceman Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Mishra, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12.09.1989. The said Will is in English language.

3. Mr. Mishra, 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 deceased left no other son or daughter. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. The Ld. Adv. for the petitioner submits that the delay in filling of this Petition may be condoned as the concerned authority asked for Probate recently to transfer the property in the name of the beneficiary. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits two son of the deceased as mentioned in para 9 are on record. Affidavit of Chetan Goswamy, in lieu of the attesting witness to the Will is filed, since both the attesting witnesses are expired and copies is their death certificate are annexed at Exhs.

E & F. Affidavit of service of General Citation is filed. All Affidavits are 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.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 16.10.2024