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Bombay High CourtTP/4101/2024grant issued

Anitha Naik W O Balakrishna v. Kamalakshi Anand Naik Alias Kamalakshi W O Anand Naik (Deceased)

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

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024.

CALLED FOR COMPLIANCE :

40. TP/4101/2024 [Original] (ECHCBM02144282024) with WILL/1618/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Prabhu Velar, 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 Anitha Naik W/o Balakrishna, being the Sole Executrix named under the Will of the deceased. Deceased Kamalakshi Anand Naik alias Kamalakshi W/o Anand Naik, said to have died at Kerala on 28.03.2024. 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. Velar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Kerala, on 31.05.2013 and 03.06.2013 respectively. The said Will is in English language.

3. Mr. Velar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents and husband of the deceased pre-deceased the deceased and Exhibit - D is the copy of death certificate of the husband of the deceased. The said deceased left behind her one daughter and no son. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of P.G. Sankaran, 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.

10.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master