Bombay High CourtTP/3829/2024grant issued

Bhagwan Laxman Ambotkar v. Venkat Laxman Ambotkar (Deceased)

2024-10-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

38. TP/3829/2024 [Original] (ECHCBM02134212024) with WILL/1514/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Y. C. Parikh, 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 Bhagwan Laxman Ambotkar, being the Sole Executor named under the Will of the deceased.

Deceased Venkat Laxman Ambotkar said to have died at Shirsad Dist. Jalgaon on 17.09.2014. 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. Parikh, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 30.09.2013. The said Will is in Marathi language. The Ld. Advocate for the Petitioner has filed his Affidavit dated 24.10.2024 regarding English translation of the said Will.

3. Mr. Parikh, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents of the deceased have predeceased 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 the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner was unaware of the Legal procedure and subsequently had to gather the information of the property, hence delay if any in filling the Petition may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of widow, two sons and two married daughters of the deceased as mentioned in para - 9 are on record. Affidavit of Raghunath Baburao Amboskar, 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master