Prakash Dharamdas Sawlani v. Dharmu Sawlani Alias Dharamdas Sawlani S/O Kishinchand Sawlani (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 9th July, 2025 CALLED FOR HEARING :
TP/5632/2024 (E-filing) Mr. Anthony Fernandes i/b. Waquar Ahmad, 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 Prakash Daramdas Sawlani being one of the Executors named under the Will of deceased. The deceased namely Dharmu Sawlani died at Mumbai on 10.11.2022. 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 04.02.2022. The said Will is in English language. The Para No. 5 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of executors and another executor namely Hareshkumar Dharamdas Sawlani has renounced his rights as an Executor and Affidavit dated 14.09.2024 is filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, two sons and one married daughter. Out of them one son is petitioner herein and widow, another son and 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 Riya Kailash Sachnandani dated 14.09.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 18.01.2025 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. 09.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR