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Bombay High CourtTP/5523/2024disposed off

Sajjan Rambhagat Torka v. Ramesh Rambhagat Torka (Deceased)

2025-07-15Hon'Ble Shri Justice Milind N. Jadhav1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 15th July, 2025 CALLED FOR HEARING :

TP/5523/2024 (E-filing) Mr. Rahul Bothra, 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 Sajjan Rambhagat Torka being sole Executor named under the Will of deceased. The deceased namely Ramesh Rambhagat Torka died at Mumbai on 07.07.2023. 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 26.02.2023. The said Will is in English language. The Page No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that deceased was survived by mother, widow, one son and one married daughter. Last para of the Will states that the son is mentally retarded therefore, petitioner is required to take steps under Rule 422 of the Bombay High Court (Original Side) Rules, 1980. Mother, widow and married daughter have given their consents in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Pradeep Rambhagat Torka dated 04.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 13.01.2025 is filed.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant. Hence, remove from board. 15.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR