Sunita Pratap Thacker v. Vinay Pratap Thacker

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd April, 2026 CALLED FOR HEARING :

TP/795/2026 (E-filing) WITH WILL/331/2026 Mr. Rupesh Mandhare, 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 Sunita Pratap Thacker being Executrix named under the Will of deceased. The deceased namely Vinay Pratap Thacker died at Mumbai on 14.07.2025. 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 15.04.2025. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only two Executors appointed under the Will. Petitioner is one of the Executrices and another Executor namely Chandravardhan N. Patel has renounced his rights to act as an Executor and Affidavit dated 03.12.2025 is filed to that effect. Residuary clause in respect of properties of deceased is mentioned at para No. 10 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Ld. Advocate for petitioner states that deceased died as divorcee as per Divorce Decree dated 19.11.1991 passed by the Family Court, Mumbai in Petition No. AA-644 of 1991. Deceased is survived by three sisters. Out of them one sister is petitioner herein and another sister namely Nina has given her consent in favour of the petitioner herein. Consent Affidavit is on record. Remaining sister of deceased namely Smita has been served with the citation through the office of Sheriff, Mumbai and Affidavit dated 09.03.2026 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Tanaji Mandhare and Jagdish Vishwas Ghadi dated 03.12.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 18.03.2026 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.

02.04.2026 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR