Smita Hasit Joshipura v. Viju Idiculay Abraham (Deceased)

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

TP/767/2025 (E-filing) Mr. Yash Sinha i/b. Sangeeta T. Goradia, 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 Smita Hasit Joshipura being one of the Executors named under the Will of deceased. The deceased namely Viju Idiculay Abraham died at Mumbai on 17.04.2023. 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 his last Will and Testament which was duly executed at Mumbai on 15.01.2021. The said Will is in English language. The Page No. 2 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Jonathan V D Abraham has renounced his rights to act as an Executor and Affidavit dated 05.10.2024 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow and two daughters 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 Revati Rajesh Rojak and Joyal Jaisingh Devre dated 05.11.2024 both the Attesting Witnesses to the Will are 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