Miss. Arnaz Homi Kotwal v. Homi Nariman Kotwal (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th July, 2025 CALLED FOR HEARING :

TP/3677/2024 (E-filing) Ms. Almas Sati i/b. Rajesh Bindra, 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 Arnaz Homi Kotwal being sole Executor named under the Will of deceased. The deceased namely Homi Nariman Kotwal died at Thane on 03.08.2023. 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 Thane on 11.01.2017. The said Will is in English language and the same is in handwritten. The Para No. 2 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 deceased was survived by mother, widow, two daughters. Out of them one daughter is petitioner herein and the mother, widow and another 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. Affidavit of Vishakha Dayanand Chhapwale and Pawan Kumar Pagote dated 13.04.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 22.08.2024 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. 16.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR