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Bombay High CourtTP/2928/2024grant issued

Basavaraj Shivanand Patil v. Basavraj Veerangouda Patil

2024-10-22Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 22nd October, 2024 CALLED FOR DIRECTION:

34. TP/2928/2024 Mr. Pranav Chavan, Adv. i/b. Mahesh Menon & Co., for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02096172024) with WILL/1176/2024 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 Basavaraj Shivanand Patil being the sole Executor named under the Will of the deceased. Deceased Basavraj Veerangouda Patil, said to have died at Mumbai on 22.10.2021. 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. Chavan, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 13.11.2019 The said Will is in English language.

3. Mr. Chavan, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Parents and wife of the deceased predeceased the deceased. The deceased died issueless. That one of the legal heirs, Shivanand Veerangouda Patil expired on 17th October, 2019' The deceased brother viz.

Shivanand Veerangouda Patil had no other son and no

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) other daughter. Exh. D to the petition is Copy of the Death Certificate of Shivanand Veerangouda Patil. The Deceased had no other Brother and had no Sister. 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. Consent Affidavits of four nieces and one brother of the deceased as mentioned in para 8 are on record. Affidavits of Veena Shetty and Hemanthini Patil, both the attesting witnesses to the Will are 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 22.10.2024