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Bombay High CourtTP/4646/2024grant issued

Ashutosh Shreedhar Phadke v. Shreedhar Shanker Phadke (Deceased)

2025-08-14Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th August, 2025 CALLED FOR HEARING :

TP/4646/2024 (E-filing) Mr. Viraj Jadhav, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Ashutosh Shreedhar Phadke being one of the Executors named under the Will of deceased. The deceased namely Shreedhar Shanker Phadke died at Mumbai on 22.09.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 25.06.2013. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only four Executors appointed under the Will. Petitioner is one of the executors and remaining two executors namely, Prabhakar Shanker Phadke and Dilip Gangadhar Phadke have renounced their rights as an Executors and Affidavits dated 26.02.2025 are filed to that effect. As per the Affidavit of petitioner dated 26.02.2025 wherein it is mentioned that Sharad Shanker Phadke died on 31.07.2016.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. As per Additional Affidavit dated 10.07.2025, it is noticed that widow of deceased died on 24.06.2024 during the pendency of the present petition. Deceased was survived by one son and one daughter. Out of them son is petitioner herein and daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavits of Dr. Pankaj K. Shah and Jag Mohan Khurana dated 13.01.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 12.11.2024 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 is filed or whether any caveat is filed.

09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG