Bombay High CourtTP/4726/2024grant issued

Sudhir Amritlal Kotak v. Urmi Sudhir Kotak Aka Urmi Kotak (Deceased)

2025-08-13Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 13th August, 2025 CALLED FOR HEARING :

TP/4726/2024 (E-filing) Mr. Milind Parab i/b. FZB Associates, 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 Uday Suresh Kotak, Pallavi Uday Kotak and Tushar Arvind Mavani being Executors named under the Will of deceased. The deceased namely Urmi Sudhir Kotak died at Mumbai on 20.09.2021. 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 29.03.2017. The said Will is in English language. The Para No. 2.1 of the Will refers to the appointment of Executor. Only four Executors appointed under the Will. Petitioners are executors and remaining one executor namely Sudhir Amritlal Kotak died on 04.09.2024 as stated in para No. 5 of the petition.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them daughter has given her consent in favour of the petitioners. Consent Affidavit is on record. The son of deceased namely Mayur Sudhir Kotak has been served with the Citation through the office of Sheriff, Mumbai and Affidavit dated 05.08.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Sumanlal Babulal Shah dated 19.10.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.11.2024 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.

02.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG