Seema Kishor Modak v. Prabhakar Narhar Modak (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th July, 2025 CALLED FOR HEARING :

TP/691/2025 (E-filing) Ms. Sonali Kunekar, 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 petitioner namely Seema Kishor Modak being sole Executor named under the Will of deceased. The deceased namely Prabhakar Narhar Modak died at Mumbai on 18.07.2017. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Election Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 19.05.2015. The said Will is in English language. Upon perusal of the Will,it is noticed that deceased had appointed Anita Uday Soman as an Executor of the Will and in her absence petitioner herein to act as an Executor. As per para No. 9 of the petition, the said Anita Uday Soman died on 21.11.2022 hence, petitioner is sole surviving executor.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. One daughter of deceased died on 21.12.2022 leaving behind two daughters. Deceased was survived by one son, one daughter and two granddaughters who all 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 Shobha Dayanand Shetty dated 28.12.2022 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.03.2025 is filed. Delay is explained and the same is condoned. 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. 09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG