Bombay High CourtTP/2874/2024grant issued

Dattatraya Madhukar Gaitonde v. Susheela Madhukar Gaitonde

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 :

48. TP/2874/2024 [Original] (ECHCBM02044882024) with WILL/1161/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sushil Inamdar i/b Ajit Shrikhande, 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 Dattatraya Madhukar Gaitonde, being the Sole Executor named under the Will of the deceased. Deceased Susheela Madhukar Gaitonde, said to have died at Mumbai on 19.04.2018. 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. Mr. Inamdar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 20.09.2010. The said Will is in English language.

3. Mr. Inamdar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased pre-deceased 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.

Advocate for the Petitioner submits that Petitioner could not file this Petition as he was in the process of collecting particulars of the property left by the deceased. Hence, the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner prays that delay in filing this Petition may kindly be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Shiv Kumar Singh, one of the attesting witness to the Will is 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