Roshan Valimohammade Ansari v. Dhun Aspi Chhapgar (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th June, 2025 CALLED FOR HEARING :

TP/1139/2025 (E-filing) Mr. Vivek Arya a/w. Swapnil Narkar, Advocate for petitioner P.C.: 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Roshan Valimohammade Ansari being sole Executor named under the Will of deceased. The deceased namely Dhun Aspi Chhapgar died at Mumbai on 14.01.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copies of Aadhaar Card and Pan Card are annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 05.04.2016. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died issue-less. Deceased was survived by her husband who has given his consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Upon perusal of the Will, it is noticed that Will is attested by two Witnesses however, name of the Attesting Witnesses are not stated in the Will. Affidavit of Sultan Ahmed Ismail Shaikh dated 26.12.2024 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 01.04.2025 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. 19.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR