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Bombay High CourtTP/378/2024grant issued

Nadipuram Desikachar Narasimhan v. Nadipuram Desikachar Shantha (Deceased)

2025-11-26Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th November, 2025 CALLED FOR HEARING :

TP/378/2024 (E-filing) Mr. Anthony Fernandes i/b. Abhishek Adke, 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 Nadipuram Desikachar Narasimhan being one of the Executors named under the Will of deceased. The deceased namely Nadipuram Desikachar Shantha died at Mumbai on 20.01.2023. 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 her last Will and Testament which was duly executed at Mumbai on 18.05.2015. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only three Executors appointed under the Will. Petitioner is one of the executors and another executor namely Kirthi Narasimhan has renounced his rights to act as Executor and Affidavit dated 20.02.2023 is filed to that effect. As per para No. 5 of the petition, remaining executor namely N. D. Jayaram predeceased the deceased. The contents of the locker are mentioned in the amended schedule annexed to the petition dated 18.10.2025. The properties mentioned in the Schedule annexed to the petition is referred in the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. As per section 15 of the Hindu Succession Act, 1956 deceased was survived by one brother who is petitioner herein. Four brothers of deceased predeceased the deceased and their legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Udyavar Vasant Rao dated 02.03.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 08.05.2024 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.

26.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG