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Bombay High CourtTP/5748/2024grant issued

Subhajay Ajit Naha v. Pushpa Ajit Naha (Deceased)

2025-07-16Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 16th July, 2025 CALLED FOR HEARING :

TP/5748/2024 (E-filing) Mr. Zulfiq Multani i/b. Manoj Mishra, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Subhajay Ajit Naha being sole Executor named under the Will of deceased. The deceased namely Pushpa Ajit Naha died at Mumbai on 01.08.2023. 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 her last Will and Testament which was duly executed at Mumbai on 02.02.2012. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Ld. Advocate for petitioner has filed Additional Affidavit dated 25.06.2025 stating therein that husband of deceased died on 05.04.1982 and his death certificate is annexed to the petition and son Abhijay Ajit Naha died on 17.02.2020 and his death certificate is annexed to the said Affidavit. Husband of deceased predeceased the deceased. Deceased had two sons. One son of deceased namely Abhijay Ajit Naha predeceased the deceased as a bachelor therefore, deceased was survived by only one son who is petitioner herein. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Ajay Janardhan Upadhayay and Brijbhushan Sahadeo Mishra dated 04.04.2024 and 03.04.2024 both the Attesting Witnesses to the Will are filed respectively. Affidavit of Service of General Citation dated 10.01.2025 is physically 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. 11.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR