Aruna Sadique v. Sushila Krishnaji Dharmadhikari (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 30th July, 2025 CALLED FOR HEARING :
TP/1835/2025 (E-filing) Ms. Haleema Merchant i/b. Jani and Parikh, 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 petitioners namely Aruna Sadique and Saroj Tendle being Executrices named under the Will of deceased. The deceased namely Sushila Krishnaji Dharmadhikari died at Ahmedabad on 18.08.2009. Copy of death certificate is annexed to the petition. Petitioner No. 2 has filed Affidavit dated 30.07.2025 for dispensation of identification proof of deceased. The same is accepted.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 16.04.2006. The said Will is in Marathi language and translation thereof is annexed to the petition algonwith Affidavit of Advocate dated 28.07.2025 certifying that the said translation is true and correct translation of the Will. The Para No. 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by two daughters, three daughter-in-law, one granddaughter-in-law, two grandsons, two granddaughters and one great grandson, one great granddaughter. Out of them two daughters are petitioners herein and all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. Two legal heirs namely Usha and Deepa have been served with the citation by registered Post AD through Sheriff of Mumbai and Affidavit of Service dated 28.07.2025 is filed to that effect. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Harsha Vardhan Roongta dated 06.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 25.07.2025 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. 30.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG