Sameer Sushil Sain v. Sushil Kanwar Sain (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th April, 2025 CALLED FOR HEARING :

TP/5360/2024 (E-filing) Mr. Tirtha Mukherjee i/b. AMR Law, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of photocopy of the last Will and Testament of deceased filed by petitioner namely Sameer Sushil Sain being sole Executor named under the Will of deceased. The deceased namely Sushil Kanwar Sain died at Mumbai on 09.07.2011. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 11.08.2010. The said Will is in English language. The Page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and one married daughter. Out of them son is petitioner herein and all other 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 Roshni Taraporevalla dated 25.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation filed on 31.01.2025 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue LIMITED Probate until the original Will is found as prayed and after verifying whether any cross petition is filed or whether any caveat is filed.

30.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG