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Bombay High CourtTP/4360/2024grant issued

Dr. Girinath Maligail Ramkrishna Alias M.R. Girinath Alias Padma Bhusan Dr. M.R. Girinath v. Lakshmi Maligail Ramkrishna Alias Lakshmi Ramkrishna Alias Laxmi Ramakrishna (Deceased)

2024-10-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 25th October, 2024.

CALLED FOR COMPLIANCE :

47. TP/4360/2024 [Original] (ECHCBM02073412024) with WILL/1735/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sandeep Dhangar i/b Jayesh Vyas, 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 Dr. Girinath Maligail Ramkrishna alias M. R. Girinath alias Padma Bhusan Dr. M. R.

Girinath, being the Sole Executor named under the Will of the deceased. Deceased Lakshmi Maligail Ramkrishna alias Lakshmi Ramkrishna alias Laxmi Ramakrishna, said to have died at Mumbai on 03.02.2013. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Voter ID is annexed to the Petition.

2. Mr. Dhangar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 03.03.2008. The said Will is in English language.

3. Mr. Dhangar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted the parents, husband and one son (Ajit Maligail Ramkrishna alias M. R. Ajit) of the deceased have predeceased the deceased. Exhibit - D and E are the copies of death certificate of the husband and son of the deceased. Save and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) except as mentioned in para - 4, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioner submits that the Petitioner was not aware about the requirement of obtaining the Probate from this Hon'ble Court prior to have the debts/securities transferred in the names of the beneficiaries under the said Will. The Petitioner submits that there has been some delay in filing this Petition, which was on account of certain time elapsed in collating the information and documents with regard to the assets/debts/securities in respect of which the present Petition is filed. The Petitioner states that the delay is unintentional and beyond the control of the Petitioner hence, the same may be condoned and the Petition be taken on record. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son, wife of deceased son, one daughter, three married daughters and two grand daughters of the deceased as mentioned in para - 4 are on record. Affidavit of Dr. Manish Y. Shirsat, 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.

25.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master