Allowed¶10

Siddhi Sandeep Pednekar v. Laxman Hari Bargode

Bombay HC11 Jun 2025TP/146/2025

Case brief

AI extract

What is this about?

Probate granted; testamentary petition TP/146/2025; Will executed 16.03.2017 at Mumbai; sole Executor Siddhi Sandeep Pednekar; deceased Laxman Hari Bargode died 21.10.2020; attesting witness affidavit Jayashree Shrikant Jambhavadekar 30.05.2024; affidavit of service of general citation 22.01.2025; consent affidavits of heirs; verification for cross petition/caveat before issuance; Company Registrar / Testamentary Registrar; decided 12 June 2025.

What did the court decide?

Probate of the last Will and Testament of the deceased granted to the petitioner as sole Executor; Office directed to issue Probate as prayed after verifying whether any cross petition or caveat is filed. ¶10

Siddhi Sandeep Pednekar vs Laxman Hari Bargode — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶10

Issue for consideration

Whether probate of the last Will and Testament of the deceased Laxman Hari Bargode ought to be granted to the petitioner, Siddhi Sandeep Pednekar, as sole Executor named under the Will.

¶7

Court's answer

The deceased Laxman Hari Bargode died at Mumbai on 21.10.2020; a copy of the death certificate and the deceased's Aadhaar Card are annexed to the petition.

¶7

Ratio / Principle

The deceased left a last Will and Testament duly executed at Mumbai on 16.03.2017, drawn in English, Para No. 1 whereof refers to appointment of the Executor, and only one Executor is appointed under the Will.

¶8

Key takeaways

The petitioner's oath, the affidavit of attesting witness Jayashree Shrikant Jambhavadekar dated 30.05.2024, and the Affidavit of Service of General Citation dated 22.01.2025 were filed, and all other legal formalities were complied with; accordingly the petition is granted.ratio¶10
The Office is to issue Probate as prayed, after verifying whether any cross petition or caveat is filed.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition (12 TP/146/2025, E-filing) decided on 12.06.2025 by Mrs. K. Y. Ambekar, Company Registrar / Testamentary Registrar. The petitioner, Siddhi Sandeep Pednekar, sole Executor under the Will, sought probate of the Will of Laxman Hari Bargode, who died at Mumbai on 21.10.2020; the death certificate and the deceased's Aadhaar Card were annexed. The Will was executed at Mumbai on 16.03.2017, is in English, and appoints only one Executor. Counsel submitted that the deceased's parents predeceased him and that he was survived by his widow, three sons and one daughter, all of whom consented to the petition, with consent affidavits on record and no other legal heirs. The petitioner's oath, the affidavit of attesting witness Jayashree Shrikant Jambhavadekar dated 30.05.2024, and the Affidavit of Service of General Citation dated 22.01.2025 were filed. Holding that all legal formalities stood complied with, the Registrar granted the petition and directed the Office to issue Probate as prayed after verifying whether any cross petition or caveat was filed.

Siddhi Sandeep Pednekar v. Laxman Hari Bargode

Case brief

What is this about?

What did the court decide?

Siddhi Sandeep Pednekar v. Laxman Hari Bargode

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

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Case details

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