Nalini Abraham v. Maurice Isaac Abraham

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 28th November, 2025 CALLED FOR HEARING :

TP/2132/2025 (E-filing) Ms. Armaity Khushrushahi, 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 Nalini Abraham being sole Executrix named under the Will of deceased. The deceased namely Maurice Issac Abraham died at Mumbai on 13.02.2023. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 17.10.2008. The said Will is in English language and in handwritten. The Page No. 1 of the Will refers to the appointment of Executrix. Only one Executrix appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, one son and two daughters. Out of them widow is petitioner herein and the son and two daughters 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 dated 08.10.2025 stating therein reasons why the original Attesting Witnesses are not available and the said Affidavit in compliance of Rule 384 of the Bombay High Court (Original Side) Rules, 1980 is filed. The same is accepted. Affidavit of Service of General Citation dated 26.06.2025 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.

28.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR