Bombay High CourtTP/4832/2024grant issued

Vidhya Vijay Kamath v. Vijay Shivrai Kamath (Deceased)

2025-02-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025.

CALLED FOR HEARING :

17 TP/4832/2024 (AMH20240128621C2024 00003) with WILL/1916/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Ankita Gala, 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 VIDHYA VIJAY KAMATH the Sole Executrix named under the Will of the deceased. Deceased VIJAY SHIVRAI KAMATH alias VIJAY SHIVRAY KAMATH, said to have died at Karnataka on 26.05.2024. 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. Ms. Ankita Gala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 15.12.2021. The said Will is in English language.

3. Ms. Ankita Gala, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act 1956. It is submitted that the there are no other heirs of the Deceased. The parents of the Deceased predeceased the Deceased. The Deceased had no son and Vaishali Bhushan Shenvi is the only daughter of the Deceased. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavits of legal heirs in para - 9 are on record. Affidavit of ASHOK SHANTARAM PATEKAR, one of the attesting witness to the Will is filed. Affidavit of service dated 23.10.2024 and 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.

06.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master