Bombay High CourtTP/2801/2024grant issued

Asavari Phanish Kaushik Wife Of Phanish Kaushik v. Shashikala Narasinh Mujumdar Wife Of Late Narasinh Annaji Mujumdar

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 :

45. TP/2801/2024 [Original] (ECHCBM02011302024) with WILL/1150/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Dua Shaikh i/b Ranit Basu and Maitri Malde, 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 Asavari Phanish Kaushik, being one of the Executrices named under the Will of the deceased. Deceased Shashikala Narasinh Mujumdar, wife of late Narasinh Annaji Mujumdar, said to have died at Mumbai on 31.12.2022. 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. Ms. Shaikh, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 07.11.2022. The said Will is in English language.

3. Ms. Shaikh, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased predeceased the deceased and Exhibit - D is copy of death certificate of husband of the deceased. The Deceased had no other Son and no other Daughter. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4. Petitioner's Oath is filed.

The other Executrix, Savita Ram Betigeri has renounced her right by filing Affidavit dated 16.01.2024. Consent Affidavits of son and married daughter of the deceased as mentioned in para - 8 is on record. Affidavits of Mazhar Hayat Siddiqui and Kashyap Satyendra Vepari, 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