Hitesh Kawal Advani v. Bhagwan Sugno Malkani Alias Bhagwani Malkani (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd December, 2025 CALLED FOR HEARING :

TP/4401/2024 (E-filing) WITH WILL/1751/2024 Mr. Anurag Jadhav i/b. Bharati Aindley, 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 Hitesh Kawal Advani being one of the Executors named under the Will of deceased. The deceased namely Bhagwan Sugno Malkani died at Mumbai on 19.06.2019. 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 13.02.2017. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Kumar Kotumal Malkani has reserved his rights to act as an executor and Affidavit dated 19.09.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 4 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased died issue-less. Deceased has one brother-inlaw who died leaving behind one son. Deceased was survived by one nephew who has given his consent in favour of petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Kamal Kushaldas Techkchandani dated 03.11.2025 one of the Attesting Witnesses to the Will is filed. Affidavit of Service of General Citation dated 25.11.2024 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.

23.12.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR