Sajjan Rambhagat Torka v. Ramesh Rambhagat Torka (Deceased)

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 10th March, 2026 CALLED FOR HEARING :

TP/5523/2024 (E-filing) WITH WILL/2177/2024 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. The last line of the internal page No. 2 of the Will is found incomplete. Ld. Advocate for petitioner states that he has no objection if the grant is issued as per the Will available on record.

3. Ld. Advocate for petitioner submits that deceased was survived by mother, widow, one son and one married daughter. As regards the son of deceased namely Rohit who is mentally retarded hence, requisition was raised under Rule 422 of the Bombay High Court (Original Side) Rules, 1980. By an order dated 10.10.2025, the Hon'ble Court has dispensed with the requirement of compliance of Rule 422 of the Bombay High Court (Original Side) Rules, 1980 as mother being natural guardian who is widow of deceased has given consent on behalf her adult mentally retarded son namely Rohit. 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. 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.

10.03.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR