Bombay High CourtTP/3288/2024grant issued

Sapna Ramnath Rao v. Sureshchandra Gemawat Alias Sureshchandra Chunilalgemawat (Deceased)

2024-09-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th September, 2024 CALLED FOR DIRECTION:

63. TP/3288/2024 Ms. Shreeya Pednekar, Adv. i/b. Akash Menon for Petitioners.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02072252024) with WILL/1331/2024 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 Sapna Ramnath Rao and Shilpi Ujwal Gemawat Piprodia being the Executrices named under the Will of the deceased.

Deceased Sureshchandra Gemawat alias Sureshchandra Chunilal Gemawat said to have died at Mumbai on 23.02.2023. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Ms. Pednekar, Advocate for Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 23.12.2021. The said Will is in English language.

3. Ms. Pednekar, Advocate for Petitioners submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that though the parents of the deceased predeceased the deceased, it is not mentioned in Para 12. However, the Parents

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) of the deceased predeceased the deceased.

Save and except as mentioned in para -12 there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavit of wife of the deceased as mentioned in Para 12 is on record. There is affidavit of service dated 04.09.2024 filed by Sheriff office for service of citation upon the non consenting son of the deceased. Affidavits of Ramesh Sagarmal Jain and Gayatri Devdas Rao, 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.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 27.09.2024