Nutan Dinesh Gandhi v. Kanayalal Panalal Mutha
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th August, 2025 CALLED FOR HEARING :
TP/927/2025 (E-filing) Ms. Tisha Sonkar i/b. Idnani Siddharth Sarju, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioner namely Nutan Dinesh Gandhi being one of the Executrices named under the Will of deceased. The deceased namely Kanayalal Panalal Mutha died at Mumbai on 13.10.2014. 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 his last Will and Testament which was duly executed at Mumbai on 08.03.2009. The codicil was executed at Mumbai on 28.07.2011. The said Will and Codicil are in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executrices and another executor namely Dinesh Padamchand Gandhi has reserved his rights to act as an Executor and Affidavit dated 07.10.2024 is filed to that effect.
3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one daughter who is petitioner herein. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Dulichand Bhandari dated 12.09.2024 one of the Attesting Witness to the Will as well as Codicil is filed. Affidavit of Service of General Citation dated 16.04.2025 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.
08.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR