Anand Yogendra Desai v. Yogendra Harilal Desai

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th October, 2025 CALLED FOR HEARING :

TP/2190/2024 (E-filing) Mr. Yash R. Balle i/b. VJ Juris, 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 Anand Yogendra Desai being sole Executor named under the Will of deceased. The deceased namely Yogendra Harilal Desai died at Mumbai on 06.04.2023. 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 15.01.2017. 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 herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. One son of deceased namely Amish predeceased the deceased leaving behind his widow and two sons. Deceased was survived by widow, one son, daughter-in-law and two grandsons. Out of them son is petitioner herein and the widow has given her consent in favour of the petitioner. Consent Affidavit is on record. The citation is served upon daughter-in-law and two grandsons and Affidavit dated 22.08.2025 is filed to that effect by the Deputy Sheriff, Mumbai. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Gayatri P. Desai and Sunali P. Desai dated 18.01.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 30.09.2024 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.

17.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR