Pradeep Ahuja v. Pushpa Krishna Kumar Luthra Alias Pushpa Kishankumar Luthra (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st April, 2025 CALLED FOR HEARING :

TP/236/2025 (E-filing) Ms. Maithali Jha i/b. SSB Legal and Advisory, 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 Pradeep Ahuja being one of the Executors named under the Will of deceased. Deceased namely Pushpa Krishna Kumar Luthra alias Pushpa Kishankumar Luthra said to have died at Mumbai on 01.11.2020. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. Ld. Advocate for petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 15.03.2013. The said Will is in English language. Petitioner is one of the Executors and another executor namely Ritika Seth has renounced her rights to obtain the Probate. Affidavit of Renunciation dated 02.10.2024 is filed.

3. Ld. Advocate for petitioner submits that deceased died as widow. Husband of deceased namely Krishan Kumar Luthra predeceased the deceased who died on 23.03.2011. Deceased had one son and one daughter only. Son of deceased namely Nitin Krishan Luthra died on 23.05.2023 as divorcee and issue-less. Copy of Divorce decree dated 11.07.1990 passed by the 3rd Family Court, Bandra, Mumbai is annexed to the petition as Exhibit - "F". Deceased was survived by one daughter only who has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Margaret Barretto w/o. Martin Barretto dated 21.10.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 10.03.2025 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. 01.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG