Uday Suresh Kotak And 2 ORS v. Sudhir Amritlal Kotak (Deceased)

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

TP/784/2025 (E-filing) Ms. Nehha Rukhana i/b. FZB and Associates, Advocate for petitioners PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioners namely Uday Suresh Kotak, Pallavi Uday Kotak and Tushar Arvind Mawani being Executors named under the Will of deceased. The deceased namely Sudhir Amritlal Kotak died at Mumbai on 04.09.2024. 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 05.02.2023. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only three Executors appointed under the Will.

3. Ld. Advocate for petitioner submits that parents and wife of deceased predeceased the deceased. Deceased was survived by one son and one daughter. Out of them daughter has given her consent in favour of the petitioners. Consent Affidavit is on record. Son of deceased namely Mayur Sudhir Kotak has been served with the citation through Bailiff from the office of Sheriff, Mumbai and Affidavit dated 24.04.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Vishnu Kadam dated 26.11.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 26.03.2025 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