Sunhil Ajit Sippy v. Anita Ashok Advani (Deceased)

BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th July, 2025 CALLED FOR HEARING :

TP/1607/2025 (E-filing) Mr. Pariket Shah a/w. Sarosh Krishnan i/b. KJAC and Associates, 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 Sunhil Ajit Sippy being one of the Executors named under the Will of deceased. The deceased namely Anita Ashok Advani died at Mumbai on 13.11.2024. 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 her last Will and Testament which was duly executed at Mumbai on 11.11.2024. The said Will is in English language. The Section 2 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. Petitioner is one of the executors and another executor namely Ashok Mohan Advani has renounced his rights to act as an executor and Affidavit dated 27.02.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased had married twice during her lifetime. First marriage with Ajit Gopaldas Sippy and he was divorced by decree dated 17.08.1992 issued by the Court of Family Division at U.K. and copy of the said decree is annexed to the petition as Exhibit - "D". From the first marriage deceased had one son and one daughter. Thereafter, deceased married with Ashok Mohan Advani and she had no issued from the second marriage. Deceased was survived by her second husband, one son and one daughter. Out of them son is petitioner herein and the husband and daughter 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 Service of General Citation dated 02.05.2025 is filed. Affidavit of the Attesting Witness to the Will is not filed. Ld. Advocate for petitioner states that the Affidavit of Anissa Khanna be accepted as an Affidavit under Rule 384 of the Bombay High Court (Original Side) Rules, 1980. .....2

- 2 - However, there is no averment in the petition that the both the Attesting Witnesses are not available and the reasons thereto. Hence, Advocate to take steps accordingly.

5. Ld. Advocate for petitioner file praecipe to place on board as and when the matter is ready for final grant.

17.07.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR