Allowed¶11

Pradeep Gajanan Vijayakar v. Gajanan Vamanrao Vijayakar (Deceased)

Bombay HC10 Dec 2025TP/1162/2024

Case brief

AI extract

What is this about?

Probate - testamentary petition - Will dated 10.03.2013 in English, residuary clause at para 13 - testator Gajanan Vamanrao Vijayakar died 27.10.2014 at Mumbai - petitioner-executor Pradeep Gajanan Vijayakar - co-executor Praful Gajanan Vijayakar died 17.12.2020 - attesting witness Rajgaurav Govind Sheth - general citation served, affidavit dated 12.06.2024 - consents of all other legal heirs - no cross petition or caveat - probate granted 10.12.2025 by Company Registrar / Testamentary Registrar.

What did the court decide?

Probate of the last Will and Testament of the deceased to be issued as prayed, subject to verification that no cross petition or caveat is filed. ¶11

Pradeep Gajanan Vijayakar vs Gajanan Vamanrao Vijayakar (Deceased) — Bombay HC (2025) — LawSathi Research

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SLG

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BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10^th December, 2025

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CALLED FOR HEARING :

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4 TP/1162/2024 WITH

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WILL/409/2024

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Ms. Sejal Nalawade i/b. Manoj Tiwari, 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 Pradeep Gajanan Vijayakar being one of the Executors named under the Will of deceased. The deceased namely Gajanan Vamanrao Vijayakar died at Mumbai on 27.10.2014. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.

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The deceased left behind his last Will and Testament which was duly executed at Mumbai on 10.03.2013. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Praful Gajanan Vijayakar died 17.12.2020 and copy of death certificate is annexed to the petition as Exhibit – “E”. Residuary clause in respect of properties of deceased is mentioned at para No. 13 of the Will.

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Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased had two sons and one daughter. One son of deceased namely Praful died leaving behind his widow and two sons. Deceased was survived by one son, one daughter, one daughter-in-law and two grandsons. Out of them son is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

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Petitioner's oath is filed. Affidavit of Rajgaurav Govind Sheth dated 18.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 12.06.2024 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 / TESTAMENTARY REGISTRAR

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10.12.2025

Pradeep Gajanan Vijayakar v. Gajanan Vamanrao Vijayakar (Deceased)

Case brief

What is this about?

What did the court decide?

Pradeep Gajanan Vijayakar v. Gajanan Vamanrao Vijayakar (Deceased)

Case brief

What is this about?

What did the court decide?

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