Bombay High CourtTP/2955/2024grant issued

Ritika Rakesh Penkar v. Neeta Prafulanath Sataghar

2024-08-29Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th August 2024.

CALLED FOR COMPLIANCE :

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42. TP/2955/2024 [Original] (ECHCBM02058682024) with WILL/1188/2024 Mr. Roop Manohar Vasudeo, 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 Ritika Rakesh Penkar nee Nilima Prafullanath Satghar, being the Executrix named under the Will of the deceased. Deceased Neeta Prafulanath Sataghar, said to have died at Mumbai on 03.01.2024. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Pan Card is annexed to the Petition.

2. Mr. Vasudeo, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Thane, on 29.03.2021. The said Will is in English language.

3. Mr. Vasudeo, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased predeceased the deceased who died on 13.03.2005. Exhibit "F" is the copy of the Death Certificate of the husband of the deceased. The father and mother of the deceased predeceased the deceased. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of Rakesh Bharat Penkar, 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.

29.08.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master