Neena Asthana Amin v. Kamalasine Prasad Asthana

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th December, 2025 CALLED FOR HEARING :

TP/102/2025 (E-filing) WITH WILL/35/2025 Mr. Azeem Abdul i/b. Sonal Mishal, 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 Neena Asthana Amin being sole Executrix named under the Will of deceased. The deceased namely Kamalasine Prasad Asthana died at Mumbai on 09.12.2021. 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 30.12.2018. The said Will is in English language. The 2nd page of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will. Residuary clause in respect of properties of deceased is mentioned at 2nd page of the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and three daughters. Out of them one daughter is petitioner herein and both the daughters have given their consents in favour of the petitioner herein. Consent Affidavits are on record. Son of deceased has been served with the citation through the office of Sheriff, Mumbai and Affidavit dated 05.11.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Neera Asthana Phate and Shubhrav Prashant Phate dated 04.09.2024 both the Attesting Witnesses to the Will are filed however, the Attesting Witnesses is incomplete as regards handwritten corrections in the Will. Hence, Advocate to take steps accordingly. Affidavit of Service of General Citation is not filed. Delay is explained and the same is condoned.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is completely ready for final grant. Hence, remove from board. 17.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR