← Library
Bombay High CourtTP/2849/2024grant issued

Ashok Daga Hirey v. Rajiv Atmaram Potdar

2024-09-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

15. TP/2849/2024 Mr. Swapnil Patankar, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02053932024) with WILL/1154/2024 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 Ashok Daga Hirey, being the sole Executor named under the Will of the deceased. Deceased Mr. Rajiv Atmaram Potdar said to have died at Thane on 11.02.2024. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Swapnil Patankar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Thane and Panvel respectively on 21.12.2023. The said Will is in English language.

3. Mr. Swapnil Patankar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and grand parents of the deceased predeceased the deceased. The deceased died bachelor.

The deceased have only son of his parents and he has no brother and no sisters. That the father of the deceased has no brothers

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and no sisters. That parents of the mother of deceased predeceased the deceased. That the mother of the deceased has no brothers and no sisters. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Affidavit of Machhindra Devba Deore, 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.

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 25.09.2024