Bombay High CourtTP/4148/2024grant issued

Ajit Sharad Gaitonde v. Dinanath Achyut Bodke (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 :

51. TP/4148/2024 [Original] (ECHCBM02155242024) with WILL/1633/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Prachi N. Shah, 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 Ajit Sharad Gaitonde, being the Sole Executor named under the Will of the deceased. Deceased Dinanath Achyut Bodke, said to have died at Mumbai on 01.05.2008. 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. Shah, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 10.01.2008. The said Will is in English language.

3. Ms. Shah, 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. The said deceased left no other daughters and no other sons. Save and except as mentioned in para - 8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the delay is on account of the fact that Petitioner was ignorant and unaware of obtaining any legal representative. Now the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) petitioner has been recently advised to obtain a legal representative. Hence this Hon'ble Court in the interest of justice may condone the delay. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of wife, two daughters and legal heir at Sr. No. 4(a)(i) and 4(b) i.e. Jeannette Beatrice Marsh and Supriya Ajit Gaitonde as mentioned in para - 8 are on record. Affidavit of Suhasini Navinchandra Shah, one of the attesting witness to the Will is filed. Affidavit of service of General Citation 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 or Caveat is filed.

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