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Bombay High CourtTP/4077/2024grant issued

Sunil Rajkumar Rode v. Rajkumar Prakashchand Rode (Deceased)

2024-10-15S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 15th October, 2024.

CALLED FOR COMPLIANCE :

57. TP/4077/2024 [Original] (ECHCBM02147302024) with WILL/1613/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, 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 Sunil Rajkumar Rode, being the Sole Executor named under the Will of the deceased. Deceased Rajkumar Prakashchand Rode alias Rajkumar P. Rode alias Rajkumar Rode,, said to have died at Nashik on 28.02.2024. 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. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Nashik on 25.08.2023. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the mother and wife of the deceased have predeceased the deceased. Exhibit - D to the Petition is the copy of death certificate of wife of the deceased. The deceased died leaving behind three sons and one daughter. Save and except as mentioned in para - 8, there are no

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed.

The other Executor, Seema Santanu Banerjee has renounced her right by filing Affidavit dated 18.06.2024. Consent Affidavits of married daughter and two sons of the deceased as mentioned in para - 8 are on record. Affidavit of Sanjay Kishorilal Shode, one of the attesting witnesses 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.

15.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master