Manoj Sampat Kumar Biyani v. Sampat Kumar Damodar Prasad Biyani (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd July, 2025 CALLED FOR COMPLIANCE :
TP/5908/2024 (E-filing) Mr. Swapnil Shivaji Narkar i/b. Preeti Pandit, Advocate for petitioners 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 Sampat Kumar Biyani being sole Executor named under the Will of deceased. The deceased namely Sampat Kumar Damodar Prasad Biyani died at Mumbai on 04.06.2024. 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 31.10.2023. The said Will is in English language. The Para No. 3.1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.
3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by two sons and two daughters. Out of them one son is petitioner herein and 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 Dhondu Toraskar dated 09.07.2024 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. 02.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR