Bombay High CourtTP/3401/2024grant issued

Sangita Laxman Kadam v. Laxman Sakhojirao Kadam (Deceased)

2024-09-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th September 2024.

CALLED FOR COMPLIANCE :

45. TP/3401/2024 [Original] (ECHCBM02088782024) with WILL/1372/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Surya Prakash Gupta i/b Adityaraj Ashok Chavan, Advocate for the Petitioner.

P.C.:

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 Sangita Laxman Kadam, being the Sole Executrix named under the Will of the deceased.

Deceased Laxman Sakhojirao Kadam, said to have died at Mumbai on 04.04.2021. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Gupta, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 03.01.2016. The said Will is in English language.

3. Mr. Gupta, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and wife of deceased predeceased the deceased. The deceased has left his two sons and two daughters. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the delay in filing present Petition, if any, be condoned as the Petitioner did not do the same intentionally as he same occurred because of obtaining all documents

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and details of properties of the deceased. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of married daughter and two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Chandrakant S. Naik, 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.

26.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master