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Bombay High CourtTP/521/2024grant issued

Sujay Sudhir Nadkarni v. Uday Ganesh Nadkarni (Deceased)

2025-08-14Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

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

TP/521/2024 (E-filing) Ms. Namita Mestry, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. As per order dated 31.07.2025, Advocate for petitioner re-uploaded the amended petition. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Sujay Sudhir Nadkarni being sole Executor named under the Will of deceased. The deceased namely Uday Ganesh Nadkarni died at Mumbai on 28.08.2023. 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 his last Will and Testament which was duly executed at Mumbai on 07.11.2017. The said Will is in English language. The Para No. 1 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. Widow of deceased died after filing of the petition. Deceased died issue-less. Deceased was survived by one brother, four nephews and two nieces. Out of them one nephew is petitioner herein as stated in para No. 8 of the petition. Brother is served with the citation through office of Sheriff of Mumbai and Affidavit of Service dated 02.07.2025 is filed to that effect. One of the legal heirs namely Rahul is served through newspaper publication and Affidavit of Service of Publication dated 18.03.2025 is filed to that effect. Rest of all the legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Sujay Sudhir Nadkarni dated 31.10.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 30.12.2024 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.

14.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG