Allowed¶10

Vikrant Vinayak Gandhi v. Rekha Kamlakar Mhatre (Deceased)

Bombay HC25 Mar 2025TP/1063/2024

Case brief

AI extract

What is this about?

Probate granted; testamentary petition TP/1063/2024; Will executed at Panvel on 09.01.2020 (Marathi); testatrix Rekha Kamlakar Mhatre died at Mumbai on 28.02.2023 leaving no class I legal heirs; sole Executor petitioner Vikrant Vinayak Gandhi; attesting witnesses Amol S. Ghangare and Ramdas Dharma Dhavale; consents by Bina Hemant Thakur and Madhuri Madhusudan Gangrekar; decided 30.04.2025 by Company Registrar / Testamentary Registrar; issuance conditional on verification of no caveat or cross petition.

What did the court decide?

Probate to be issued by the Office as prayed, after verifying whether any cross petition or caveat is filed. ¶10

Vikrant Vinayak Gandhi vs Rekha Kamlakar Mhatre (Deceased) — Bombay HC (2025) — LawSathi Research

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SLG

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BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30^th April, 2025

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CALLED FOR HEARING :

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9 TP/1063/2024 (E-filing)

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Mr. Udayan Surve a/w. Sampada Kadam, Advocate for petitioner

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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 Vikrant Vinayak Gandhi being sole Executor named under the Will of deceased. The deceased namely Rekha Kamlakar Mhatre died at Mumbai on 28.02.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

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The deceased left behind her last Will and Testament which was duly executed at Panvel on 09.01.2020. The said Will is in Marathi language. Translation of Advocate on record of the said Will is annexed to the petition and Affidavit dated 30.04.2025 is separately filed through e-filing to that effect. The Para No. 5 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

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Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased does not have any class I legal heirs. Deceased was survived by class II legal heirs as mentioned in para No.9 of the petition. Out of them Bina Hemant Thakur and Madhuri Madhusudan Gangrekar have given their consents in favour of the petitioner. Consent Affidavits are on record. Rest of all the legal heirs have been served citation through newspaper publication and Affidavit dated 16.01.2025 is filed to that effect. There are no other legal heirs.

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Petitioner's oath is filed. Affidavits of Amol S. Ghangare and Ramdas Dharma Dhavale both dated 05.07.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 22.05.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

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Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

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COMPANY REGISTRAR / 30.04.2025 TESTAMENTARY REGISTRAR

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SLG

Vikrant Vinayak Gandhi v. Rekha Kamlakar Mhatre (Deceased)

Case brief

What is this about?

What did the court decide?

Vikrant Vinayak Gandhi v. Rekha Kamlakar Mhatre (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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