Vijay Kumar Puranlal Mathur v. Nilkanth Bhaishankar Desai - Deceased

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 7th November, 2025 CALLED FOR DIRECTION :

TP/1001/2024 Ms. Sharmili Mhatre i/b. Mhatre Law Associates, Advocate for petitioner 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 Vijay Kumar Puranlal Mathur being sole Executor named under the Will of deceased. The deceased namely Nilkanth Bhaishankar Desai died at Gujarat on 01.07.2019. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 15.06.2019. The said Will is in English language. The Para No. 2 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 of deceased predeceased the deceased. Deceased died as bachelor. Deceased had five brothers and one sister. One brother namely Labshankar Bhaishankar Desai died leaving behind two sons. Another brother Ratilal Bhaishankar Desai died leaving behind his wife namely Nayna Desai and he died issue-less. Citation is served upon Geeta, Ramesh, Nayna and Affidavit of Service dated 02.08.2024 and 02.07.2024 are filed to that effect. The Citation was served upon Ramashankar Bhaishankar Desai, Haresh Desai, Jitendra Desai and Pranshakar Bhaishankar Desai as per the Affidavit dated 16.04.2025 filed by the office of Sheriff, Mumbai. Deceased was survived by three brothers, one sister, two nephews and one brother's wife, who all have been served with the citation as stated herein above. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Suhas Gangaram Kadam and Manoj Vishwanath Ghatge dated 10.03.2022 both the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 13.08.2025. 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.

07.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR