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Bombay High CourtTP/4019/2024grant issued

Zacharius John Collington v. Shama Sai Prasad Choudhary (Deceased)

2025-08-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 5th August, 2025 CALLED FOR HEARING :

TP/4019/2024 (E-filing) Ms. Dhanashree Gaikaiwari i/b. Bilawala and Co., Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner seeks leave to correct the prayer clause of petition. Leave is granted. Ld. Advocate for petitioner to carry out corrections within twelve weeks from the date of uploading of this order. Ld. Advocate for petitioner re-upload the corrected on the official portal of the Bombay High Court. Reverification is dispensed with.

2. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Zacharius John Collington being one of the Executors named under the Will of deceased. The deceased namely Shama Sai Prasad Choudhary died at Mumbai on 20.09.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

3. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 02.07.2020. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executors. Only six Executors appointed under the Will. Petitioner is one of the executors and all other executors have reserved their rights to act an Executors and Affidavits to that effects are filed.

4. Ld. Advocate for petitioner submits that father and husband of deceased predeceased the deceased. Deceased was survived by one son only who is petitioner herein. There are no other legal heirs.

5. Petitioner's oath is filed. Affidavit of Ronnie Desai dated 13.03.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 27.08.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

6. Office to issue Probate as prayed after the uploading of the corrected petition on the official portal of the Bombay High Court as stated hereinabove and whether any cross petition is filed or whether any caveat is filed.

05.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG