Subha Sudhir Kaji v. Sudhir Kaji, Son Of Chandulal Kaji (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th July, 2025 CALLED FOR HEARING :

TP/1574/2025 (E-filing) Ms. Dikshita Pawar i/b. Agrud Partners, 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 Subha Sudhir Kaji being sole Executor named under the Will of deceased. The deceased namely Sudhir Kaji died at Mumbai on 28.04.2018. 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 his last Will and Testament which was duly executed at Mumbai on 14.03.2017. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, one son and one daughter. Out of them widow is petitioner herein and the son and daughter 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. Petitioner has filed Affidavit of Monica Rahul Rajak dated 02.05.2024 stating therein that the original Witnesses to the Will namely Indal Gupta has expired another Attesting Witness namely Vijay Vasudeo Kulkarni is not traceable and his whereabouts are not known therefore, she has requested to accept this Affidavit under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. The said Affidavit is accepted. Affidavit of Service of General Citation dated 08.05.2025 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. 15.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG