Bombay High CourtTP/3796/2024grant issued

Ninad Sharad Mhatre v. Sharad Anant Mhatre - Deceased

2024-10-21Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st October, 2024.

CALLED FOR COMPLIANCE :

55. TP/3796/2024 [Original] (ECHCBM02045562024) with WILL/1497/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Namrata Rayate i/b MG Legal, 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 and two Codicils of the deceased filed by the Petitioner Ninad Sharad Mhatre, being one of the Executors named under the Will of the deceased. Deceased Sharad Anant Mhatre, said to have died at Mumbai on 18.08.2019.

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. Ms. Rayate, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 31.05.2020 and first Codicil executed on 26.03.2012 and second Codicil executed on 05.02.2014 respectively. The said Will and two Codicils are in English language.

3. Ms. Rayate, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased pre-deceased the Deceased. Save and except as mentioned in para - 9, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that despite due and diligent search, the last Will

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) and Testament and Two Codicils of the Deceased had not been traced earlier. It was only in the month of August 2023 the last Will and two Codicils of the deceased were traced. Thereafter, the particulars of the estate of the deceased were compiled and the present Petition is filed. Hence, the delay if any in filing this Petition is not deliberate and therefore deserves to be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. The other two Executrices, Deceased (1) Mrs. Asha A. Naik and (2) Dr. (Mrs.) Jayashri Chemburkar have reserved their rights by filing Affidavits dated 11.12.2023 and 12.12.2023 respectively. The Ld. Advocate for the Petitioner to correct the prayer by mentioning the reserving rights of other two Executrices within three days from the date of uploading of the order. Consent Affidavits of widow and daughter of the deceased as mentioned in para - 9 are on record.

Affidavits of Mufazzal Saifuddin Federal, one of the attesting witness to the Will and two Codicils 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.

21.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master