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Bombay High CourtTP/4088/2025grant issued

Ajit Kishanchand Motwani v. Kamla Kishanchand Motwani

2025-12-16Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/4088/2025 (E-filing) WITH WILL/1528/2025 Mr. Malcolm Vaz i/b. Sanjay Rego, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament alongwith Codicil of deceased filed by petitioner namely Ajit Kishanchand Motwani being sole Executor named under the Will of deceased. The deceased namely Kamla Kishanchand Motwani died at Mumbai on 02.06.2022. 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 her last Will and Testament which was duly executed at Mumbai on 26.09.2017 and Codicil was duly executed at Mumbai on 07.10.2017. The said Will and Codicil are in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein. The property mentioned in Schedule I annexed to the petition is referred in page No. 2 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. Deceased was survived by one brother, six nephews and three nieces. Out of them brother is petitioner herein and all other legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Ravneet Kaur Sethi dated 15.05.2024 one of the Attesting Witness to the Will is filed. Affidavit of Manjit Kaur Sethi dated 15.05.2024 one of the Attesting Witness to the Codicil is filed. Affidavit of Service of General Citation dated 11.09.2025 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.

16.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR