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Bombay High CourtTP/1364/2025grant issued

Sonali Saumendu Sarkar v. Saumendu Radhanath Sarkar (Deceased)

2025-06-27Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 27th June, 2025 CALLED FOR HEARING :

TP/1364/2025 (E-filing) Ms. Jyoti Badgujar a/w. Sanaa Varhadi i/b. Lakdawala and Co., 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 Sonali Saumendu Sarkar being one of the Executors named under the Will of deceased. The deceased namely Saumendu Radhanath Sarkar died at Mumbai on 04.10.2015. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 19.04.2014. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Siddharth Saumendu Sarkar has reserved his rights to come and apply for Probate later on and Affidavit dated 31.12.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Deceased was survived by his widow, one son and one daughter. Out of them daughter is petitioner herein and all other legal heirs 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 Dilip S. Gala dated 31.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.04.2025 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.

27.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG