Bombay High CourtTP/2986/2024grant issued

Uday Vasant Patkie v. Vasant Nilkanth Patkie

2024-10-23Shri. 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 October, 2024.

CALLED FOR COMPLIANCE :

31. TP/2986/2024 [Original] (ECHCBM02169132023) with WILL/1196/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Saurabh Oka, 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 Uday Vasant Patkie, being one of the Executors named under the Will of the deceased.

Deceased Vasant Nilkanth Patkie, said to have died at Thane on 30.12.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copies of Pan Card and Aadhar Card are annexed to the Petition.

2. Mr. Oka, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 06.09.2017. The Ld.

Advocate for the Petitioner to correct para - 4 within three days by mentioning the date of registration of the Will. The said Will is in Marathi language and official English translation of the said Will is on record.

3. Mr. Oka, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased pre-deceased the Deceased. The deceased has left behind widow, two sons and no daughter. 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.

The other Executor, Vijaykumar Vasant Patkie has filed his Affidavit dated 14.03.2023 renouncing his right as Executor. Consent Affidavits of widow and son of the deceased as mentioned in para - 8 are on record. Affidavit of Vishwas Achyut Prabhughate, 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.

23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master