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Bombay High CourtTP/4651/2024grant issued

Sagar Krishna Gaikwad v. Late Vijay Dattatray Patil Alias Dalvi (Deceased)

2025-09-30Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th September, 2025 CALLED FOR HEARING :

TP/4651/2024 (E-filing) Ms. Akshata Kadam i/b. Shobhana Waghmare, 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 Sagar Krishna Gaikwad being sole Executor named under the Will of deceased. The deceased namely Vijay Dattatray Patil died at Kolhapur on 23.11.2015. 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 05.01.2015. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that petitioner is not aware whereabouts of legal heirs of deceased therefore, petitioner has served the citation upon the legal heirs of deceased through newspaper publication and Affidavit dated 27.11.2024 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Joint Affidavit of Sunil Anand Khillare and Umesh Madhukar Kashikedar dated 23.08.2024 both the Attesting Witnesses to the Will is filed. As per order dated 27.03.2025, Affidavit of Sunil Anand Khilare dated 16.05.2025 one of the the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 05.11.2024 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.

30.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR