Bombay High CourtTP/3339/2024grant issued

Arun Suresh Chandavarkar v. Vasanti Suresh Chandavarkar (Deceased)

2024-09-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th September, 2024 CALLED FOR DIRECTION:

49. TP/3339/2024 Ms. Prajakta Sakpal, Adv. i/b. Divekar Bhagwat for the Petitioner.

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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 Arun Suresh Chandavarkar being one of the Executors named under the Will of the deceased. Deceased Vasanti Suresh Chandavarkar said to have died at Bengaluru on 25.03.2024. 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. Sakpal, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 26.08.2002. The said Will is in English language.

3. Ms. Sakpal, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the Deceased did not have any daughter or other son, other than those mentioned in this paragraph. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. The other executor has filed affidavit dated 16.05.2024 renouncing his rights as executors. Consent Affidavits of husband and son of the deceased as mentioned in para 8 are on record. Affidavit of Dr. Ajit Keshav Desai, one of the attesting witness to the Will is 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 25.09.2024