Testamentary petition for issuance of probate of the last Will of deceased Lakshmi Neelacantan allowed. Department directed to issue Probate in favour of Petitioners within six weeks.
Probate of the last Will and Testament of the deceased issued in favour of the Petitioners within six weeks.
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2023:BHC-OS:8732
p2.tp.2801.22.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 2801 OF 2022
Lakshmi Neelacantan w/o. G.N. Aiyar..Deceased
N. Rajagopal and Anr. .. PetitionersMr. B.G. Saraf a/w. Mr. Suyash Kalbhor, Advocates for Petitioner.CORAM:MILIND N. JADHAV, J.
DATE:AUGUST 19, 2023.
P.C.:
1. Not on Board. Mentioned. Taken on Board.
2. Heard Mr. Saraf, learned Advocate for the Petitioner.
3. Perused the praecipe dated 19.08.2023 and Testamentary
Petition.
4. This Testamentary Petition seeks issuance of Probate of the
last Will and Testament dated 29.03.2007 of the deceased Lakshmi
Neelacantan w/o. G.N. Aiyar who expired on 09.05.2021. Petition is
filed by one son and one married daughter of the deceased who lives
in Mumbai. Apart from them deceased is also survived by another
married daughter and another son, both of whom residing in
Australia.
5. Affidavit of attesting witness dated 02.03.2022 is submitted
separately alongwith the copy of Petition. Consent Affidavit dated
1 of 2
p2.tp.2801.22.doc
26.04.2022 of the married daughter residing in Australia is also
submitted separately. Similarly, consent Affidavit of the second son of
the deceased residing in Australia is dated 26.04.2022 is also
submitted separately. I have perused the same and the same are in
order.
6. On the basis of the averments made in the Petition, there can be no impediment in allowing the present Testamentary Petition. Hence, Testamentary Petition stands allowed as prayed for by the Petitioner.
7. Testamentary Department is directed to issue the Probate in respect of the last Will and Testament of the deceased in favour of the Petitioners having effect throughout the State of Maharashtra within a period of six weeks from today, subject to all requisite compliances and strictly in accordance with law.
8. Issuance of proclamation, if any, stands dispensed with.
9. Testamentary Petition is disposed.
[ MILIND N. JADHAV, J. ]
Ajay
2 of 2
Lakshmi Neelacantan w/o. G.N. Aiyar.
N. Rajagopal and Anr.
MILIND N. JADHAV
As recorded by the court registry
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