Rudreshwar Ashok Malkani v. Ashok Hasomal Malkani (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 2nd July, 2025 CALLED FOR COMPLIANCE :

TP/1376/2025 (E-filing) Ms. Palak Vashisth i/b. Khaitan and Co., 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 petitioner namely Rudreshwar Ashok Malkani being sole Executor named under the Will of deceased. The deceased namely Ashok Hasomal Malkani 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 30.08.2023. The said Will is in English language. The Para No. 3 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow and one son. Out of them son is petitioner herein and widow has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Manav Lakhani and Shobhan Diwanji dated 25.02.2025 both the Attesting Witnesses to the Will are filed. Affidavit of Service of General Citation dated 07.04.2025 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. 02.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR