Nilesh Kishor Desai v. Sagar Ashok Soni Alias Sagar Ashokkumar Soni (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th September, 2025 CALLED FOR DIRECTION :

TP/1353/2024 (E-filing) Mr. S. G. Mahamuni, 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 Nilesh Kishor Desai being one of the Executors named under the Will of deceased. The deceased namely Sagar Ashok Soni died at Mumbai on 29.07.2022. 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 23.03.2021. The said Will is 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 executors. As regards the another executor namely Shyam R. Sharma, the Hon'ble Court has passed an order dated 17.09.2025 and has accepted the e-mail sent by him stating that he is pre-occupied and his inability to remain present before the Court.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by widow who has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Kamal Amritlal Doshi dated 09.10.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 29.06.2024 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.

30.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR