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Bombay High CourtTP/80/2026grant issued

Mary Raphael Thottan v. Raphael Lonappan Thottan

2026-02-25Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th February, 2026 CALLED FOR HEARING :

TP/80/2026 (E-filing) WITH WILL/44/2026 Ms. Bhakti Rane i/b. Rajnni Kuttyy, 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 Mary Raphael Thottan being Executrix named under the Will of deceased. The deceased namely Raphael Lonappan Thottan died at Mumbai on 23.11.2025. 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 21.02.2023. The said Will is in English language. The Para No.3 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the Executrices and as per para No. 4 of the petition, another Executor namely Rakesh Thottan has reserved his rights to act as an Executor. Residuary clause in respect of properties of deceased is mentioned at para No. 16 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, one son and one daughter. Out of them widow is petitioner herein and the son and daughter have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Johnson K. T. dated 01.12.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 22.01.2026 is filed. Delay is explained and the same is condoned. 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.

25.02.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR