Sujata Arun Naik And ANR v. Papu Nandlal Tolani Alias Pappu Nandlal Tolani (Deceased)
BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd May, 2025 CALLED FOR HEARING :
TP/782/2025 (E-filing) Ms. Sneha Agicha a/w. Disha Khatanhar i/b. D M Harish and Co., 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 Sujata Arun Naik and Anil Harish being Executors named under the Will of deceased. The deceased namely Papu Nandlal Tolani died at Mumbai on 10.11.2021. 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 22.08.2019. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will who are petitioners herein.
3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them daughter is petitioner No. 1 herein and son has given his consent in favour of the petitioner. Consent Affidavits are on record. There are no other legal heirs.
4. Petitioner's oath is filed. Affidavit of R. Kumar dated 05.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 28.03.2025 is filed. Delay is explained in para No. 11(A) of the petition and 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. 02.05.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR