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Bombay High CourtTP/4024/2024grant issued

Omprakash Laxmikant Mulay v. Laxmibai Laxmikant Mulay (Deceased)

2025-04-02Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd April, 2025 CALLED FOR HEARING :

TP/4024/2024 (E-filing) Mr. Rajiv Jadhav, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Omprakash Laxmikant Mulay, Arun Laxmikant Mulay and Balkrishna Laxmikant Mulay being Executors named under the Will of deceased. Deceased namely Laxmibai Laxmikant Mulay said to have died at Mumbai on 15.09.2011. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.04.1991. The said Will is in English language.

3. Ld. Advocate for petitioner submits that husband of deceased died on 25.02.1974. Deceased was survived by three sons and two daughters. Out of them all three sons are petitioners herein and one married daughter has given her consent. Consent Affidavit is on record. The married daughter namely Sumati Vijayrao Bendre is served through Bailiff from the office of Sheriff, Mumbai and Affidavit of Service of citation dated 17.10.2024 is filed to that effect. Track report is also annexed to the said Affidavit. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Pankaj Suresh Kowli dated 13.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.10.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 02.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG