Bombay High CourtTP/4194/2024grant issued

Viekram Jayant Gumaste. v. Saroj Jayant Gumaste (Deceased)

2024-11-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.

CALLED FOR COMPLIANCE :

57. TP/4194/2024 [Original] (ECHCBM02023582024) with WILL/1665/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Shubham Mishra a/w Mitali Sagathia i/b Shah and Furia Assocs., 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 Viekram Jayant Gumaste, being the Sole Executor named under the Will of the deceased.

Deceased Dr. Mrs. Saroj Jayant Gumaste, said to have died at Mumbai on 13.02.2022. 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. Mishra, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 28.01.2015. The said Will is in English language.

3. Mr. Mishra, 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. Exhibit - E is the copy of death certificate of the husband of the deceased. The deceased had no other children. Save and except as mentioned in para - 9, there are no other legal heirs or next of kin left by the deceased.

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4. Petitioner's Oath is filed. Affidavit of Ashwini Atul Gokhale, 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.

14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master