Bombay High CourtTP/3116/2024grant issued

Deepak Digambar Samant v. Dr. Satyaprabha Vaman Desai (Deceased)

2024-09-03S. 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 : 03rd September 2024.

CALLED FOR COMPLIANCE :

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53. TP/3116/2024 [Original] (ECHCBM02101092024) with WILL/1235/2024 Mr. Vinit Jawle, 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 Deepak Digambar Samant and Prashant Gurunath Ramdas, being the Executors named under the Will of the deceased. Deceased Dr.

Satyaprabha Vaman Desai, said to have died at Mumbai on 09.11.2011. 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. Jawle, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 19.05.2010. The said Will is in English language.

3. Mr. Jawle, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the husband of the deceased viz. Vaman (Waman) Yeshwant Desai died on 11-02-2010. Exhibit - "D" is a Photo Copy of the Death Certificate of Vaman (Waman) Yeshwant Desai. Deceased died as widow. The said deceased had only daughter viz. Varsha Waman (Vaman) Desai who also pre-deceased the deceased as spinster. Exhibit - "E" is a Photo Copy of the Death Certificate of Varsha Waman (Vaman)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Desai. The said deceased had no son. The said deceased had only sister in law viz. Anjuri Narendra Naik, and had no brother in law. 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 Affidavit of sister-in-law of the deceased as mentioned in para - 8 is on record. Affidavit of Mohaneesh Ramesh Honavar and Umesh Shriram Gulgule, both the attesting witnesses to the Will are 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