Sanober Vaid Malhotra v. Rashna Sheriar Vaid (Deceased)

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd May, 2025 CALLED FOR HEARING :

TP/760/2025 (E-filing) Ms. Nipa Dharod i/b. Dharod Jitendra Shamjibhai, 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 Sanober Vaid Malhotra being one of the Executors named under the Will of deceased. The deceased namely Rashna Sheriar Vaid died at Mumbai on 19.12.2023. 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 26.05.2015. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executor appointed under the Will. Petitioner is one of the executors and another executor namely Khushru Sheriar Vaid has reserved his rights to come and apply for probate later on and Affidavit dated 19.12.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster leaving behind two sisters and one brother. Out of them one sister is petitioner No. 1 herein and all other legal heirs 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 Kunda Sekar dated 19.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 04.04.2025 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. 02.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR