Bombay High CourtTP/3093/2024grant issued

Siddharth Kini v. Mahesh Wasudeo Kamat (Deceased)

2024-10-23S. 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 : 23rd October, 2024.

CALLED FOR SPEAKING TO THE MINUTES :

5. TP/3093/2024 [Original] (ECHCBM02096022024) with WILL/1219/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Rohit Kaney, Advocate for the Petitioner. P.C.:

1. Perused praecipe dated 22.10.2024. The Ld. Advocate for the Petitioner submits that in para - 3 of the order dated 11.10.2024 2nd sentence "It is submitted that the parents of the deceased predeceased the deceased" is erroneously recorded. The Ld. Advocate for the Petitioner submits that said line be deleted.

2. Accordingly, order dated 11.10.2024 is corrected and rest of the order remains as it is.

3. Praecipe dated 22.10.2024 is disposed of.

4. For the sake of convenience, the order dated 11.10.2024 read as under;

5. 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 Siddharth Kini being the sole Executor named under the Will of the deceased. Deceased Mahesh Wasudeo Kamat, said to have died at Mumbai on 14.10.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Pan and Aadhaar Card of the deceased as ID Proof are annexed to the petition.

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6. Mr. Kaney, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 01.07.2021. The said Will is in English language.

7. Mr. Kaney, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. The said deceased was unmarried and had no children. Father of the deceased Wasudeo Janardan Kamat has predeceased the deceased; copy of his death certificate is at Exhibit-G to the petition. Save and except as mentioned in para -10, there are no other legal heirs and next of kin left by the deceased.

8. Petitioner's Oath is filed. Consent Affidavits of mother, brother, sister in law and niece of the deceased as mentioned in para 10 are on record. Affidavits of Shyama Sudhir Kamat and Kirti Bhaskar Shah, 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.

9. 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