Prakash Govindlal Mandhana v. Nandkishore Rathi S O Radhakrishna Rathi
SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 19th November, 2025 CALLED FOR HEARING :
TP/2322/2025 (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 one of the Executors named under the Will of deceased. The deceased namely Nandkishore Rathi died at Mumbai on 24.09.2024. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Adhaar Card is annexed to the petition.
2. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 26.04.2023. The said Will is in English language. The para No. 7 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 Omprakash Mantri has renounced his rights to act as Executor and Affidavit dated 26.02.2025 is filed to that effect. The property mentioned in the Schedule I annexed to the petition is referred in para No. 5 of the Will.
3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow, one son, one daughter 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 Prakash Mandhana dated 27.02.2025 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