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Bombay High CourtTP/3107/2024grant issued

Aniruddha Bose v. Shukla Ghosh (Deceased)

2024-09-03Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 03rd September 2024.

CALLED FOR COMPLIANCE :

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47. TP/3107/2024 [Original] (ECHCBM02057942024) with WILL/1228/2024 Mr. Vipul Patel i/b Haresh Mehta & Co., Advocate for Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Aniruddha Bose and Devashish Ghosh being the Executors named under the Will of the deceased.

Deceased Shukla Ghosh, said to have died at Mumbai on 19.08.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Patel, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 15.03.2021. The said Will is in English language.

3. Mr. Patel, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased. That two children were born out of the wedlock between the said deceased Late Mr. Salil Ghosh and Late Mrs.

Shukla Ghosh, namely (i) Mr. Sushmito Ghosh, who was married and lawfully divorced on 23.08.2005 before his death and Ms. Priya Ghosh was born out of their wedlock and (ii) Mr. Saurav Ghosh, who was married but

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) lawfully separated from his wife and did not have any children out his wedlock. Both of the said 2 sons, i.e. Mr. Sushmito Ghosh and Mr.

Saurav have predeceased the deceased. Save and except as mentioned in para - 7 and 8, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of Priya Ghosh, daughter of predeceased son as mentioned in para - 7 is on record. Affidavit of Satish Vishnu Sohoni, 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.

03.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master