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Bombay High CourtTP/2885/2025grant issued

Bhavesh Navin Desai v. Philomena D Souza (Deceased)

2025-10-01Shri. A. H. Laddhad(Prothonotary Senior Master)1 pages

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st October, 2025 CALLED FOR HEARING :

TP/2885/2025 (E-filing) Mr. Raj Nagre i/b. Jacinta Dsilva, 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 Bhavesh Navin Desai being sole Executor named under the Will of deceased. The deceased namely Philomena D'souza died at Nashik on 02.05.2023. 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 22.11.2022. 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 husband of deceased predeceased the deceased. Deceased was survived by one son who has given his consent in favour of the petitioner herein. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Uma Shrinivasan dated 22.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 28.07.2025 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.

01.10.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR