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Bombay High CourtTP/2245/2025grant issued

Prakash Govindlal Mandhana v. Asha Devi Rathi W O Radhakrishna Rathi

2025-11-19Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

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

TP/2245/2025 (E-filing) Mr. Anthony Fernandes i/b. Waquar Ahmad, 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 Prakash Govindlal Mandhana being sole surviving Executor named under the Will of deceased. The deceased namely Asha Devi Rathi died at Mumbai on 02.09.2011. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Pan Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 10.10.2009. The said Will is in English language. The 3rd para of the Will refers to the appointment of Executors. Only two Executors appointed under the Will. One of the executors namely Nandkishor Rathi died a per para No. 8 of the petition hence, petitioner is sole surviving executor. The property mentioned in the Schedule I annexed to the petition is referred in para Nos. 1 and 3 of the Will.

3. Ld. Advocate for petitioner submits that parents and husband of deceased predeceased the deceased. As per para No. 8 of the petition, deceased was survived by two sons, two daughters, one daughter-in-law, one grandson and one granddaughter who all have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Dr. Kaushal Shah dated 01.03.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.09.2025 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.

19.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR