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Bombay High CourtTP/2536/2025grant issued

Chitra Hari Naik v. Meenakshee Balkrishna Naik

2025-11-20Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 20th November, 2025 CALLED FOR HEARING :

TP/2536/2025 (E-filing) Mr. Nandkishor Supal i/b. Divya Shah 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 petitioners namely Chitra Hari Naik and Yugesh Hari Naik being Executors named under the Will of deceased. The deceased namely Meenakshee Balkrishna Naik died at Mumbai on 16.06.2024. 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 10.06.2015. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executors. Only two Executors appointed under the Will who are petitioners herein. Residuary clause in respect of properties of deceased is mentioned at para No. 6 of the Will.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased died as spinster. As per para No. 8 of the petition, all the brothers and sisters of deceased predeceased the deceased and they were survived by three nephews and five nieces. Out of them one nephew and one niece are petitioners herein and Except one niece of deceased namely Madhuri Tiwari, all other legal heirs have given their consents in favour of the petitioner. Consent Affidavits are on record. The said niece of deceased namely Madhuri Tiwari is served the citation through newspaper publication and Affidavit of Service of Publication dated 25.09.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Leena Shekhar Samant dated 27.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 16.07.2025 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.

20.11.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR