Chandrakant Kantilal Botadkar v. Ashwinkumar Knatilal Botadkar Alias Ashwin Kantilal Alias Ashvin Kantilal (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29th July, 2025 CALLED FOR HEARING :

TP/1352/2025 (E-filing) Ms. Swati C. Narvekar, 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 Chandrakant Kantilal Botadkar being sole Executor named under the Will of deceased. The deceased namely Ashwinkumar Kantilal Botadkar died at Mumbai on 11.08.2023. 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 08.01.2021. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one daughter who both 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 Yogesh Ashok Pardeshi dated 26.07.2024 one of the Attesting Witness to the Will is filed. He has filed further Affidavit dated 01.07.2025 stating therein that deceased had put his thumb impression as deceased could not signed as his hand was shivering ('thrilling' as stated in the Affidavit). The same is accepted. Affidavit of Service of General Citation dated 03.04.2025 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.

29.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG