Vishal Anil Kothari v. Anil Chimanlal Kothari (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 23rd April, 2025 CALLED FOR HEARING :
TP/4623/2024 (E-filing) Mr. Gaurav Kotwani i/b. Kanga and Co., 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 Vishal Anil Kothari being sole Executor named under the Will of deceased. The deceased namely Anil Chimanlal Kothari died at Mumbai on 16.06.2024. 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 15.07.2021. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.
3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one married daughter. Out of them son is petitioner herein and married daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of Shripalkumar N. Desai dated 19.08.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 17.04.2024 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. 23.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR