Manoj Sampatkumar Biyani v. Sushila Devi Biyani Wife Of Sampatkumar Biyani (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 4th July, 2025 CALLED FOR HEARING :

TP/5813/2024 (E-filing) Mr. Jayant Wani i/b. Preeti Pandit, 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 Manoj Sampatkumar Biyani being one of the Executors named under the Will of deceased. The deceased namely Sushila Devi Biyani died at Mumbai on 04.01.2016. 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 13.09.2015. The said Will is in English language. The Para No. 3.1 of the Will refers to the appointment of Executor namely Sampatkumar Biyani and he has filed his Affidavit Reserving dated 01.05.2024 his rights as and Executor. Para No. 3.1 further states that deceased has appointed petitioner as an alternate Executor in the absence of Sampatkumar Biyani.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his husband, two sons and two daughters. Out of them one son is petitioner herein and husband, another son and two daughters 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 Mahadev Dhondhu Toraskar dated 01.05.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.02.2025 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. 04.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR