Ashok Dahyabhai Shah v. Avinash Namdeo Kawale (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 3rd April, 2025 CALLED FOR HEARING :

TP/5149/2024 (E-filing) Mr. Rajiv Jadhav i/b. Shivaji Niarmale, 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 Ashok Dahyabhai Shah being sole Executor named under the Will of deceased. The deceased namely Avinash Namdeo Kawale died at Mumbai on 21.01.2023. 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 03.10.2022. The said Will is in Marathi language. Affidavit of true translation of the said Will dated 10.02.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Son of deceased namely Rajan Avinash Kawale predeceased the deceased leaving behind his widow and two sons. Deceased was survived by his widow, one married daughter, one daugther-in-law and two grandsons who all have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Radhakrishna Martu Shenvi dated 25.08.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.01.2025 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. 03.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR