Gautam Moti Malkani v. Moti Bhagwandas Malkani Alias Moti B Malkani Alias Moti Malkani (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29th April, 2025 CALLED FOR HEARING :

TP/5676/2024 (E-filing) Ms. Sanaa Varhadi a/w. Jyoti Badgujar i/b. Lakdwala and Co., 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 Gautam Moti Malkani being one of the Executors named under the Will of deceased. The deceased namely Moti Bhagwandas Malkani died at Mumbai on 05.09.2024. 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 16.03.2023. The said Will is in English language. The Para No. 4 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the executors and another executrix namely Sangeeta Harish Lalwani has filed her Affidavit dated 18.11.2024 for reserving her rights to act as an Executrix.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Deceased was survived by widow, one son and one daughter. Out of them son is petitioner herein and all other legal heirs 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 Bhupesh Babubhai Negandhi dated 18.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.01.2025 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. 29.04.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG