Nirupama Suresh Oza And 3 ORS v. Suresh Kanaiyaram Oza (Deceased)
SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 25th June, 2025 CALLED FOR HEARING :
TP/1322/2025 (E-filing) Ms. Megha Sanghavi i/b. Dhruve Liladhar 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 petitioners namely Nirupama Suresh Oza, Kumar Suresh Oza, Viral Suresh Oza and Heena Suresh Oza being Executors named under the Will of deceased. The deceased namely Suresh Kanaiyaram Oza died at Mumbai on 08.04.2024. 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 25.11.2019. The said Will is in English language. The Para No. 2 of the Will refers to the appointment of Executor. Only five Executors appointed under the Will. Out of the four Executors are petitioner herein and remaining executor namely Kamlesh Modi has renounced his rights to act as Executor and Affidavit dated 17.02.2025 is filed to that effect.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by widow, three daughters and two sons. Out of them widow, two sons and one daughter are petitioners herein and remaining two daughters 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 Umesh G. Oza dated 15.02.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 02.04.2025 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. 25.06.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR
SLG