Rajiv @ Rajeev Jitendra Yagnik v. Chitralekha Gopal Yajnik (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 18th July, 2025 CALLED FOR HEARING :
TP/4654/2024 (E-filing) Ms. Savita Malkampate, 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 Rajiv Jitendra Yagnik being sole surviving Executor named under the Will of deceased. The deceased namely Chitralekha Gopal Yajnik died at Mumbai on 21.02.2018. 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 11.05.2016. 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. One of the executors namely Gopal Ratilal Yajnik died on 16.07.2021 and copy of death certificate is annexed to the petition as Exhibit - "C" hence, petitioner is sole surviving executor.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Husband of deceased since deceased the deceased. Son of deceased died as bachelor. Deceased was survived by one brother-in-law and one sister-in-law who both 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. Affidavits of Jayant Shah and Vaman Vora dated 06.01.2024 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 26.03.2025 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. 18.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR