Swati Kishor Malik Alias Swati Sitaram Sakpal v. Vanita Baban Marchande (Deceased)
BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd May, 2025 CALLED FOR HEARING :
TP/750/2025 (E-filing) Mr. Ajinkya Lokare, 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 Swati Kishor Malik being sole Executor named under the Will of deceased. The deceased namely Vanita Baban Marchande died at Mumbai on 27.04.2018. 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 21.10.2016. The said Will is in English language. The Para No. 6 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents, husband and parents of husband of deceased predeceased the deceased. Deceased was survived by one nephew and one granddaughter. Out of them granddaughter is petitioner herein and Consent Affidavit of Nephew namely Sitaram Sakpal is not filed.
4. Petitioner's oath is filed. Affidavit of Malti Mohan Tambe dated 26.07.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.04.2025 is filed.
5. However, Consent Affidavit of Consent Affidavit of Nephew namely Sitaram Sakpal is not filed.
6. Ld. Advocate for petitioner file praecipe to place on board as and when all compliance is done and matter is ready for final. Remove from board. 02.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR