Rajiv Rajda And ANR v. Indu Anil Ashar (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th June, 2025 CALLED FOR HEARING :

TP/597/2025 (E-filing) Mr. Nikhil Wable a/w. Vishakha Chokhani i/b. Jayakar Partners, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners 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 who are petitioners herein.

3. Ld. Advocate for petitioner submits that as per section 15 of the Hindu Succession Act, 1956 there are no surviving legal heirs of deceased therefore, only the beneficiaries of the said properties are mentioned in para No. 3 of the petition. The said para further states that the deceased died without leaving any legal heirs as per the provisions of Hindu Succession Act, 1956.

4. 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. 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. 19.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR