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Bombay High CourtTP/3753/2025grant issued

Rajan Shankar Mungekar v. Dattatray Budhaji Naik Alias Dattatray B Naik Alias D B Naik Deceased

2025-11-06Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 06th November, 2025 CALLED FOR HEARING :

TP/3753/2025 (E-filing) WITH WILL/1425/2025 Mr. Akhil Rao, 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 Rajan Shankar Mungekar, being sole Executor named under the Will of deceased. The deceased namely Dattatray Budhaji Naik, died at Mumbai on 25.09.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card and Pan Card are annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 06.09.2022. The said Will is in English language. The Page No. 2, Para No. 4 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will. Residuary clause in respect of properties of deceased is mentioned at para No. 3 last para of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by one brother, who has filed consent Affidavit in favour of the petitioner. There are no other legal heirs. ...2

Ajay - 2 -

4. Petitioner's oath is filed. Affidavit of Namrata Rajan Mungekar dated 13.03.2025 one of the Attesting Witness to the Will is filed and Affidavit of Rajendra Vithalrao Nimbalkar dated 13.03.2025 one of the Attesting Witness to the Will is also filed. Affidavit of Service of General Citation dated 04.09.2025 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. COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 06.11.2025