Ishprakash Jagannath Sharma v. Abhilasha Aniruddha Saraswat (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 14th August, 2025 CALLED FOR HEARING :

TP/4487/2024 Mr. Amarsingh Chauhan, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of last Will and Testament of deceased filed by petitioner namely Ishprakash Jagannath Sharma being sole Executor named under the Will of deceased. The deceased namely Abhilasha Aniruddha Saraswat died at Mumbai on 26.03.2009. Copy of death certificate is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Nashik on 16.02.2009. The said Will is in English language. The Condition No. 7 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was divorced passed by an order dated 26.02.2008 of the Court of Joint Civil Judge, Senior Division, Nashik in Hindu Marriage Petition No. 209 of 2003. Deceased was survived by one son who has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Darayas Mistry dated 27.08.2021 and Alka Jayant dated 22.07.2021 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 31.07.2025 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.

14.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR