Pradeep Shikarchand Surana v. Abhilasha Rajesh Kankaria (Decesed)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 8th May, 2025 CALLED FOR HEARING :
TP/5961/2024 (E-filing) Ms. Bina S. Shivhare, 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 Pradeep Shikarchand Surana being one of the Executors named under the Will of deceased. The deceased namely Abhilasha Rajesh Kankria died at Kolkata on 26.07.2019. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Passport is annexed to the petition.
2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 16.01.2017. The said Will is in English language. The Para No. 5 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 Usha Pradeep Surana has reserved her rights to come and apply for Probate later on and Affidavit dated 22.11.2024 is filed to that effect.
3. Ld. Advocate for petitioner submits that deceased was survived by husband and two sons who all 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 Ishwar Porwal dated 22.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 27.01.2025 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. 08.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR