Bombay High CourtTP/2875/2024grant issued

Anil Bahubali Durugkar v. Bahubali Kumudchand Durugkar

2024-09-23Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd September 2024.

CALLED FOR COMPLIANCE :

26. TP/2875/2024 [Original] (ECHCBM02092532024) with WILL/1162/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b Lakdawala & Co., 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 Anil Bahubali Durugkar, being one of the Executors named under the Will of the deceased.

Deceased Bahubali Kumudchand Durugkar alias Bahubali K. Durugkar alias Bahubali Durugkar, said to have died at Mumbai on 23.09.2022. 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. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 28.09.2002 and 01.10.2002 respectively. The said Will is in English language.

3. Mr. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the said deceased died leaving behind one Son and one daughter. The mother of the Deceased expired before 1970 she predeceased the Deceased. The wife of the deceased Mrs. Shushila Bahubali Durugkar expired on 13-12-2020 and Exhibit 'D' is photo copy of the death certificate and she pre-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased the Deceased. 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 , Executor Mr. Sunil Bermu Shetty has reserved his right by filing Affidavit dated 11.04.2024. Consent Affidavit of married daughter of the deceased as mentioned in para - 8 is on record. Affidavit of Dr. Pradeep Tatyasaheb Goud, 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.

23.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master