Bombay High CourtTP/4373/2024grant issued

Ketan Lakhamshi Gosar v. Lakhamshi Pasu Gosar (Deceased)

2025-02-07Mrs. R. V. Rane, Company Registrar/Testamentary Registrar2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 07th February, 2025.

CALLED FOR HEARING :

12. TP/4373/2024 (AMH20230010915C202400001) with WILL/1741/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai i/b Snehal Vora, 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 Ketan Lakhamshi Gosar, being the Sole Executor named under the Will of the deceased. Deceased Lakhamshi Pasu Gosar, said to have died at Mumbai on 02.05.2024.

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. Desai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 20.04.2024. The said Will is in English.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the parents of the Deceased have predeceased the Deceased. The deceased had no other daughter and no other son. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of wife, son and married daughter, Neeta Dinesh Shah of the deceased as mentioned in

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) para - 8 are on record. Affidavit of Bailiff dated 13.11.2024 is filed for non-consenting married daughter of the deceased with remark "Unclaimed". The Ld. Advocate for the Petitioner relied upon Judgement of this Hon'ble Court in Suit No. 168 of 2022 dated 07.12.2022 and submitted that 'Unclaimed' is a good service. Affidavit of Ashok Lakhamshi Gosar, one 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.

07.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master