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Bombay High CourtTP/2397/2025grant issued

Ramakant Bhagwan Gawkar v. Anita Anil Phatak

2025-10-15Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th October, 2025 CALLED FOR HEARING :

TP/2397/2025 (E-filing) Ms. Priya Laud, 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 petitioners namely Ramakant Bhagwan Gawkar and Chandrasen Bhagwan Gaonkar being Executors named under the Will of deceased. The deceased namely Anita Anil Phatak died at Sindhudurg on 03.02.2024. 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 her last Will and Testament which was duly executed at Mumbai on 14.06.2017. The said Will is in Marathi language and official translation of the Chief Translator, High Court, Bombay the said Will is not filed separately through e-filing. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at para No. 8 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Son of deceased namely Rakesh predeceased the deceased who died as bachelor. Deceased was survived by three brothers. Out of them two brothers are petitioners herein and remaining brother has given his consent in favour of the petitioners herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Anuradha Ramakar Gawkar dated 21.01.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.07.2025 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.

15.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR