Dilip Laxman Bhole v. Shakuntala Laxman Bhole Alias Shakuntala L Bhole Alias Shakuntala Bhole

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th August, 2025 CALLED FOR DIRECTION :

TP/2187/2025 (E-filing) Ms. Jyoti Badgujar 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 Dilip Laxman Bhole being sole surviving Executor named under the Will of deceased. The deceased namely Shakuntala Laxman Bhole died at Mumbai on 08.05.2005. 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 her last Will and Testament which was duly executed at Mumbai on 20.05.1992. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. One executor namely Laxman Gangadhar Bhole died on 17.12.2004 and copy of the death certificate is annexed to the petition as Exhibit - "C" hence, petitioner is sole surviving executor.

3. Ld. Advocate for petitioner submits that husband of deceased predeceased the deceased. Deceased was survived by one son and two daughters. Out of them son is petitioner herein and both the daughters 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. Petitioenr has filed Affidavit dated 05.08.2025 stating therein that both the original Attesting Witnesses have expired therefore, petitioner has filed Affidavit dated 26.03.2025 of Sudhanshu M. Gupte has filed Affidavit as an Attesting Witness stating that he was present at the time of execution of the Will. The same is accepted under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. Affidavit of Service of General Citation dated 23.06.2025 is filed. Delay is explained and the same is condoned. 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.

19.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR