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Bombay High CourtTP/5413/2024grant issued

Prakash Suryanna Shetty v. Padmavati Nagan Shetty Alias Padmavati Naganna Shetty Alias Padmavathi Krishna Shetty (Deceased)

2025-03-13Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th March, 2025 CALLED FOR HEARING :

TP/5413/2024 (E-filing) WITH WILL/2169/2024 Ms. Kusum G. Poojary, 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 Prakash Suryanna Shetty being one of the Executors named under the Will of deceased. Deceased namely Padmavati Nagan Shetty alias Padmavati Naganna Shetty alias Padmavathi Krishna Shetty said to have died as widow at Thane on 11.03.2016. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.01.2009 and the same was duly registered on 06.01.2009. The said Will is in English language. Petitioner is one of the executors and other remaining Executors namely Mallika Sitaram Rai, Rekha Harish Shetty, Usha Ramesh Shetty and Vedavati Narayan Shetty have reserved their rights to come and apply for Probate later on.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Sister of deceased namely Hemavati Sheena Shetty predeceased the deceased. Another sister of deceased namely Shanta Suryanna Shetty expired on 30.05.2019, leaving behind two daughters and one son. Her husband predeceased to her. The deceased died as widow and issue-less. Deceased was survived by two nieces and one nephew. Out of them nephew is petitioner herein and all other legal heirs have given their consents in favour of the petitioner. The consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Pradeep alias Pradip Laxman Borkar dated 29.08.2024 one of the Attesting Witness to the Will is filed. ....2

SLG - 2 - Affidavit of Service of General Citation dated 10.01.2025 is filed. All other legal formalities are complied with. Hence, petition is granted reserving the rights of other Executors.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed. 13.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR