← Library
Bombay High CourtTP/292/2026grant issued

Kabul Sushil Sengupta v. Sushil Chandra Sengupta Deceased

2026-04-01Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st April, 2026 CALLED FOR HEARING :

TP/292/2026 (E-filing) WITH WILL/78/2026 Ms. Chitra Mhaske i/b. Joy Legal Consultants, 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 Kabul Sushil Sengupta being Executor named under the Will of deceased. The deceased namely Sushil Chandra Sengupta died at Mumbai on 26.11.2010. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 01.06.2010. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another Executor namely Samit Sushil Sengupta has renounced his rights to act as an Executor and Affidavit dated 04.12.2025 is filed to that effect. Residuary clause in respect of movable properties of deceased is mentioned at para No. 5 of the Will. Two immovable properties mentioned in Schedule I annexed to the petition has referred in the Will.

3. Ld. Advocate for petitioner submits that mother of deceased predeceased the deceased. Widow of deceased since deceased the deceased. One son of deceased namely Piyush died leaving behind his widow and one son. Deceased is survived by two sons, one daughter-in-law and one grandson. Out of them one son is petitioner herein and all other legal heirs 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 Vipul Shah dated 04.12.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 03.02.2026 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.

01.04.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR