Anil Dwarkanath Prabhu v. Dwarkanath Raghunath Prabhu (Deceased)

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

TP/2045/2024 (E-filing) Ms. Shushma Bhende, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. The present matter is placed on board as per praecipe dated 24.09.2025 for final order as petitioner has stated all the formalities are completed. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Anil Dwarkanath Prabhu being sole Executor named under the Will of deceased. The deceased namely Dwarakanath Raghunath Prabhu died at Mumbai on 18.11.2020. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copies of Aadhaar Card and Pancard are annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 29.09.2009. The said Will is in English language. The Para No. 1 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 three sons. Out of them one son is petitioner herein and the other two sons have filed Caveat (L) No. 30496 of 2024, which was rejected under Rule 986 of the Bombay High Court (Original Side) Rules, 1980 by an order dated 17.02.2025. The Caveator have filed Interim Application (L) No. 5844 of 2025 which is dismissed as infructuous by an order dated 07.08.2025. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Anand Mahadev Prabhu dated 27.01.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.07.2024 is filed. Delay is explained and the same is condoned. 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