Rajiv Rajda And ANR v. Indu Anil Ashar (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29th April, 2025 CALLED FOR DIRECTION :
TP/597/2025 (E-filing) Ms. Namrata Vashisht i/b. Jayakar and Partners, 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 Rajiv Rajda and Amit Shah being Executors named under the Will of deceased. The deceased namely Indu Anil Ashar died at Mumbai on 23.08.2024. 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 25.08.2023. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will.
3. Petitioner's oath is filed. Affidavit of Manish Ved dated 30.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 21.02.2025 is filed.
4. As regards the legal heirs, petitioner has not mentioned the Class I or Class II heirs of deceased as per Hindu Succession Act, 1956. Hence, Advocate for petitioner seeks leave to amend the petition. Leave is granted. Ld. Advocate for petitioner to carry out amendment in the petition within eight weeks from the date of uploading of this order. Ld. Advocate for petitioner re-upload the amended petition on the official portal of the Bombay High Court.
5. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance done in this matter. Remove from board. 29.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR