Sushila Singh Baxter v. Khushru Hosedar Baxter

SLG BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 26th September, 2025 CALLED FOR HEARING :

TP/3066/2025 (E-filing) Ms. Sehyr Taly i/b. S. Mahomedbhai and Co., 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 Sushila Singh Baxter being one of the Executors named under the Will of deceased. The deceased namely Khushru Hosedar Baxter died at Mumbai on 01.12.2024. 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 his last Will and Testament which was duly executed at Mumbai on 26.09.2023. The said Will is in English language. The Page No.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 Johann Majai has renounced his rights to act as an executor and Affidavit dated 19.04.2025 is filed to that effect.

3. Ld. Advocate for petitioner submits that parents of deceased predeceased the deceased. Deceased was survived by his widow and one daughter. Out of them widow is petitioner herein and the daughter has given her consent in favour of the petitioner. Consent Affidavit is on record. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Vani Daya dated 19.04.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 23.07.2025 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.

26.09.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR